Ex Parte HINES - Page 5




          Appeal No. 2001-1398                                                        
          Application 09/289,171                                                      


          approximately one-half inch thick and made of a material such as            
          leather, includes a plurality of openings which may be                      
          interchangeably filled with plugs 40 of the material (e.g.,                 
          leather) cut out to form the openings or with similarly shaped              
          weights 44 of lead or other heavy metal to permit the weight of             
          the shoe to be adjusted and varied as desired (see column 3,                
          lines 31 through 51).  Although the Shanahan reference teaches              
          that the member 20 is permanently built into the shoe (see column           
          2, lines 9 through 12 and 27 through 33), it also states that the           
          “weight-receiving member 20 will normally be permanently                    
          connected to the (insole) 10" (column 3, lines 52 and 53),                  
          thereby suggesting that the member can be removably placed in               
          the shoe.                                                                   
               Miyata also discloses a shoe for strengthening the muscles             
          of the leg.  In general, the sole 1 of the shoe comprises an                
          insole 11, a middle sole 10, a rubber layer 14 and an outsole 9             
          (see Figures 1 and 2).  In one embodiment (see Figures 1 through            
          3), the outsole 9 defines a plurality of weight chambers 6 which            














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