Appeal No. 2001-1450
Application 08/477,640
Appellant’s invention relates to a shoe sole and, more
particularly, to a contoured sole design that conforms to the
natural shape of the foot, permitting the foot to react naturally
with the ground as it would if the foot were bare, while
continuing to protect and cushion the foot, and improving the
stability and efficient motion of the shod foot in extreme
exercise. Independent claims 22 and 63 are representative of the
subject matter on appeal, and a copy of those claims may be found
in the Appendix to appellant’s brief. It appears that claims 22
and 63, and the claims which depend therefrom, are generally
directed to the embodiment of appellant’s invention seen in
Figure 15 of the application drawings.
The prior art references of record relied upon by the
examiner are:
Bretschneider 4,308,671 Jan. 5, 1982
Giese et al. (Giese) 4,366,634 Jan. 4, 1983
Claims 22, 63, 64, 66 through 70, 72, 88, 89, 92 through 94
and 96 through 101 stand rejected under 35 U.S.C. § 102(b) as
being clearly anticipated by Bretschneider. According to the
examiner (answer, page 4), Bretschneider shows a shoe sole
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