Appeal No. 2002-1087
Application No. 09/320,104
extension on the right side of the heel of the Figure 2 left
shoesole corresponds to the claimed laterally extending first
flare region 54 of the left outsole. The examiner concedes that
Peterson does not disclose or suggest providing second flare
regions (i.e., second flare regions 62’ and 62) on the heels of
the shoesoles, as now claimed. The examiner turns to Crowley and
Hudson for a teaching of this feature.
Crowley pertains to an athletic shoe for a variety of
sports, including tennis, racquetball, basketball, running,
baseball, football, weightlifting, and walking (column 1, lines
11-14). Crowley’s shoe includes a stabilization element 10 (see
Figure 1) located on the medial side of the heel, said
stabilization element including a portion positioned forward of
the front edge of the lateral side of the heel. Crowley states
that the stabilization element “...does not provide cushioning,
but rather functions to contact the surface to aid in stabilizing
the foot of some runners who exhibit a tendency to excessively
pronate after heel strike.” (Column 6, lines 1-4).
Hudson is directed to an improved article of footwear
5–
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