Appeal No. 2002-0363
Application No. 08/162,373
handsome appearance” (column 1, lines 6-10). The reference states the following:
As can be seen in FIGS. 2 through 5, the sole member further
includes a peripheral side wall 64, extending upwardly at the periphery of
the sole member, that defines an inwardly facing surface 66 which
extends upwardly and continuously from the foot bed surface 62. In the
assembled shoe construction, this side wall is bonded using known
adhesives, to outer surfaces of the toe section 26, side sections 28 and
heel section 30 immediately adjacent the lower edges 46, 50 and 52 of
these respective components of the outer covering and over the juncture
of these lower edges and the periphery 48 and 54 of the inner sole.
Accordingly, stitching 47 about the periphery 48 between the toe section
26 and the forward portion 36 of the inner sole, is hidden by the peripheral
side wall 64 as can be seen in FIG. 2 and as depicted in FIGS. 3, 4 and 5.
Further, the juncture of the lower edges 50 and 52 with the periphery 54 of
the inner sole 34 is also hidden whether or not the two components are
stitched together at this juncture.
The continuity between the inwardly facing surface 66 of the
peripheral side wall 64 and the foot bed surface 62 of the sole member
improves the support and hence the comfort for the lower surfaces of the
foot on which the shoe is worn. Further, the bonding of the peripheral
side wall to outwardly facing surfaces immediately adjacent the lower
edges of the components of the outer covering also improves the
resistance of the stitching to wear and failure (column 4, line 52 to column
5, line 11).
The examiner finds that Bergmans discloses the first inner and second outer
concavely rounded portions found to be lacking in Robinson, with the outer rounded
portions extending beyond the vertical line as claimed and extending upwards beyond
the lowest most point of the inner surface as claimed (see page 7 in the answer). The
examiner goes on to conclude that it would have been obvious to provide the shoe sole
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