Appeal No. 2002-1087
Application No. 09/320,104
the lateral side portion [43] of the heel including a
flare comprising a first flare region [54] having a
laterally extending ground engagement surface and a
second flare region [62] having a ground engagement
surface extending forward of the front surface [66] of
the medial side portion [71] of the heel . . . .
Independent claims 1 and 6 contain similar limitations.
Peterson, the examiner’s primary reference, is directed to
shoesoles for the bottom of golf shoes wherein the shoesoles have
strategically placed protrusions 22 for inhibiting slipping of
the golfer’s feet as he shifts his weight while swinging his
club. More particularly, Peterson discloses (col. 3,lines 13-
22):
The protrusions 22 on the bottom of the right foot shoe
[Figure 1] are distributed along the inner [medial]
side thereof and the protrusions on the bottom of the
left foot shoe [Figure 2] are distributed along the
outer [lateral] side of the left foot shoe. The reason
for such distribution on the inner [medial] side of the
right foot [Figure 1] and outer [lateral] side of the
left foot [Figure 2] is that a right-hand golfer tends
to shift his weight from right to left as he swings the
club from right to left to thus cause penetration of the
protrusions, the effect of which is to inhibit slipping.
In applying Peterson against the claims, the examiner
contends, and appellants do not dispute, that the unnumbered
extension on the right side of the heel of the Figure 1 right
shoesole corresponds to the claimed laterally extending first
flare region 54’ of the right outsole, and that the unnumbered
4–
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