Appeal No. 2002-0955 Page 10
Application No. 09/511,921
absorber elements.” In that, in the embodiment illustrated in Luthi’s Figure 4, the heel
tubes 26 in the lateral leg 36 are discrete (i.e., separate and distinct5) from the heel
tubes 26 in the medial leg 34 of the midsole, we find ourselves in agreement with the
examiner that Luthi meets the claim limitation “at least two discrete resilient shock-
absorber elements.”6 Accordingly, appellants’ argument does not persuade us that
Luthi’s shoe fails to anticipate the subject matter of claims 13-15.
5 Note the definition of “discrete” in Webster's New World Dictionary, Third College Edition (Simon
& Schuster, Inc. 1988).
6 That the medial and lateral heel tubes 26 are also integrally connected to upper and lower plates
or surfaces does not dissuade us from this position.
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