Ex Parte ELLIS - Page 18




          Appeal No.  2004-0131                                                       
          Application No.  08/462,531                                                 


                                      APPENDIX                                        
          2.   A shoe having a shoe sole suitable for use in an athletic              
          shoe, the shoe sole comprising:                                             
               a sole inner surface for supporting the foot of an intended            
          wearer;                                                                     
               a sole outer surface;                                                  
               a heel portion at a location substantially corresponding to            
          a heel of the intended wearer’s foot;                                       
               a forefoot portion at a location substantially corresponding           
          to a forefoot of the intended wearer’s foot;                                
               a midtarsal portion at a location corresponding to an area             
          of the sole between the heel portion and the forefoot portion;              
          and                                                                         
               a bottom sole;                                                         
               a midsole defined by an inner midsole surface and an outer             
          midsole surface;                                                            
                    the heel, midtarsal, and forefoot portions having a               
          sole middle portion, a sole medial side located medially to the             
          sole middle portion, and a sole lateral side located laterally to           
          the sole middle portion,                                                    
                    the midsole having a middle midsole portion, a midsole            
          side located medially to the middle midsole portion and a lateral           
          midsole side located laterally to the middle midsole portion,               
                    the inner midsole surface located in each of the medial           
          and lateral midsole sides comprising a convexly rounded portion,            
          as viewed in a heel portion frontal plane cross-section when the            
          shoe sole is upright and in an unloaded condition, the convexity            
          existing with respect to a portion of the midsole directly                  
          adjacent to the convexly rounded portion of the inner midsole               
          surface, and                                                                





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