Ex Parte ELLIS - Page 3




            Appeal No. 2002-0363                                                                       
            Application No. 08/162,373                                                                 


                        the sole lateral side including a sidemost lateral section at a location       
            outside of a straight vertical line extending through the sole lateral side at the sidemost
            extent of the sole inner surface of the sole lateral side, as viewed in a shoe sole frontal
            plane during an unloaded, upright shoe condition;                                          
                        the sole medial side including a sidemost medial section at a location         
            outside of a straight vertical line extending through the sole medial side at the sidemost 
            extent of the sole inner surface of the sole medial side, as viewed in a shoe sole frontal 
            plane during an unloaded, upright shoe condition;                                          
                        a sole outer surface extending from the sole inner surface and defining        
            the outer boundary of each shoe sole side, as viewed in a frontal plane;                   
                        a second concavely rounded portion forming a part of the sole outer            
            surface of the sole side that extends through a lowermost portion of the sole outer        
            surface of one of the lateral and medial sole sides, the concavity being determined        
            relative to an intended wearer’s foot location inside the shoe, as viewed in the frontal   
            plane during an unloaded, upright shoe condition;                                          
                        the sole forefoot area including the following combined components: a          
            forefoot lift, a midsole component and an outsole component, the inner and outer           
            boundaries of the combined components being formed by said sole inner and outer            
            surfaces, as viewed in a shoe sole frontal plane in the sole forefoot area, during an      
            unloaded, upright shoe condition;                                                          
                        the sole forefoot area of the shoe sole having a greater thickness than the    
            sole heel area, as viewed in a sagittal plane during an unloaded, upright shoe condition;  
                        the thickness of the shoe sole being defined as the distance between the       
            sole inner surface and the sole outer surface, as viewed in the sagittal plane during an   
            unloaded, upright shoe condition;                                                          

                        at least the midsole extending into the sidemost section of at least the       
            sole side of the sole forefoot area having the concavely rounded inner and outer           
            surface portions, as viewed in a shoe sole frontal plane during an unloaded, upright       
            shoe condition, and                                                                        
                        at least an upper part of the midsole of the sidemost section of the sole      
            side of the sole forefoot area having the concavely rounded inner and outer surface        
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Last modified: November 3, 2007