Appeal No. 2001-1450
Application 08/477,640
Bretschneider’s sole “does extend through a lowermost portion,
i.e. the side edges of the sole which contact the ground do have
rounded portions which are located at the lowermost portion of
the sole as shown in figures 2-4, and figures 5-7.” However, we
share appellant’s view (brief, pages 8-9 and reply brief, pages
3-4) that the rounded outer edges of the shoe sole pointed to by
the examiner in Bretschneider are not located beneath an intended
wearer’s foot sole location as required in claims 22 and 63 on
appeal, but are clearly located on the side edge of the sole,
outboard of and to either side of an intended wearer’s foot sole
location.
As for the examiner’s comment in the answer (page 5) that
Bretschneider does show small rounded portions formed by the
tread over the entire bottom surface of the shoe sole in Figures
3 and 4, we must agree with appellant’s assessment on page 9 of
the brief concerning the examiner’s position vis-a-vis the tread
in Bretschneider. In that regard, we note that the concavely
rounded portion forming a part of the shoe sole underneath
portion and located beneath an intended wearer’s foot sole
location as defined in appellant’s claims 22 and 63 on appeal is
entirely defined by the inner concavely rounded surface and outer
8
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