OKAJIMA V. BOURDEAU - Page 20




          slightly inwardly.  While the location of the journals allow                
          for a slightly inward bend of the wearers lower leg (Fig. 1                 
          (d)), the journals 13 and 15 on opposite sides of the boot                  
          would appear to hinder or obstruct most lateral movement by                 
          the wearer.  In contrast, DE ‘503 and US ‘041 teach snowboard               
          boots where substantial lateral movement by the wearer is not               
          only possible but desirable.  Why then would one of ordinary                
          skill in the art look to EP ‘400 to arrive at the claimed                   
          invention?  Okajima has failed to provide a sufficient reason.              
               Likewise, AT ‘637 would not have reasonably suggested                  
          modifying either DE ‘503, US ‘041 and/or EP ‘400.  AT ‘637                  
          describes a snowboard shoe whose sole has varying stiffness.                
          The design of the shoe sole allows downward and inward motion               
          of the wearers lower leg.  Although AT ‘637 does suggest a                  
          solution to the problem, e.g. a design that allows a wearer’s               
          leg to bend downward and forward, the solution is different                 
          than the claimed pivot located offset from the longitudinal                 
          median plane of the boot.  Similarly, while DE ‘746 shows a                 
          binding design that allows the wearer’s lower leg to bend                   
          downwardly and inwardly, the pivot location of the binding is               
          located along the longitudinal plane and is not offset                      
          therefrom.  The teachings of DE ‘746 do not make up for the                 
          lack of suggestion from any of the aforementioned references                

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