Ex Parte ELLIS - Page 13




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


                     sewing.                                                                                                
                             An upper 34, including a toe box, vamp and heel quarters may be                                
                     conventionally mounted, e.g., by adhesive and/or stitching, to the                                     
                     composite formed of the outsole, reverse wedge and insole.  The vamp                                   
                     and toe box of the upper 34 preferably include lateral and medial lower                                
                     edge portions 36 which overlap most or all of the side edges 38 of the                                 
                     reverse wedge, are all but a substantially uniform-thickness exposed                                   
                     portion of the composite reverse wedge/outsole structure.                                              
                             Accordingly, to a casual observer, the shoe 10 looks very much like                            
                     a conventional shoe, albeit one that is somewhat taller across the instep                              
                     and toe box.                                                                                           




                             For the wearer, a feeling of reasonable self-confidence in                                     
                     appearance is preserved, because the shoe, when worn, does not look                                    
                     ‘odd’.  Yet, in walking, the wearer is provided with enhanced exercise, due                            
                     to the fact that, when standing on a level, horizontal surface, the wearer's                           
                     heels are lower than the wearer's toes [column 2, lines 11-33].                                        


                     According to the examiner, Robinson’s shoe embodies a sole comprising a                                
              midsole/lift substantially as claimed except for the sidemost lateral and medial sections                     
              having a first inner and second outer concavely rounded portions (see page 7 in the                           
              answer).  To remedy this deficiency, the examiner turns to Bergmans.                                          


                     Bergmans “relates to an improved shoe construction and particularly to an                              
              improved shoe construction especially designed for extraordinary comfort and                                  

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