Ex Parte ELLIS - Page 19




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

               the outer midsole surface located in each of the medial and            
          lateral midsole sides comprising a concavely rounded portion                
          extending down from a level corresponding to a lowest point of              
          the inner midsole surface, as viewed in said heel portion frontal           
          plane cross-section when the shoe sole is upright and in an                 
          unloaded condition, the concavity existing with respect to an               
          inner section of the midsole directly adjacent to the concavely             
          rounded portion of the outer midsole surface;                               
               each sole side having an uppermost portion that extends                
          above the lowest point of the sole inner surface, as viewed in a            
          heel portion frontal plane cross-section when the shoe sole is              
          upright and in an unloaded condition;                                       
               the midsole comprising a first midsole portion located                 
          completely on one side of a centerline of said midsole, said                
          first midsole portion having a first density or firmness, and a             
          second midsole portion located completely on another side of a              
          centerline of said midsole, said second midsole portion having a            
          second density or firmness which is different than the density or           
          firmness of said first midsole portion, as viewed in said heel              
          portion frontal plane cross-section when the shoe sole is upright           
          and in an unloaded condition;                                               
               each midsole side comprises a sidemost section of the                  
          midsole defined by that portion of the midsole located outside of           
          a straight vertical line drawn through the sidemost extent of the           
          inner midsole surface of the midsole, as viewed in a frontal                
          plane cross-section when the shoe sole is upright and in an                 
          unloaded condition;                                                         
               at least a part of the midsole extends into the sidemost               
          section of each midsole side, as viewed in the heel portion                 
          frontal plane cross-section when the shoe sole is upright and in            
          an unloaded condition;                                                      
               the part of the midsole that extends into the sidemost                 
          section of each midsole side further extends to above a lowermost           
          point of the inner midsole surface of the midsole on the same               
          sole side, as viewed in the heel portion frontal plane cross-               
          section when the shoe sole is upright and in an unloaded                    
          condition;                                                                  
               each sole side having a sole thickness between said sole               
          inner and outer surfaces that is greater than a sole thickness              
          between said sole inner and outer surface of the sole middle                
          portion, as viewed in said heel portion frontal plane cross-                
          section when the shoe sole is upright and in an unloaded                    
                                        -19-                                          





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