Ex Parte ELLIS - Page 20




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

          condition; and                                                              
               the sole thickness between the sole inner surface and the              
          sole outer surface increases gradually and substantially                    
          continuously from the uppermost point of each sole side through             
          at least a substantial part of the uppermost portion of the sole            
          side, as viewed in said heel portion frontal plane cross-section            
          when the shoe sole is upright and in an unloaded condition.                 


               17.  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 and a midsole,                                           
               the midsole defined by an inner midsole surface and a 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, each sole side defined by that portion             
          of said sole located outside a vertical line extending through              
          each sidemost extent 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 having a middle midsole portion, a medial             
          midsole side located medially to the middle midsole portion and a           
          lateral midsole side located laterally to the middle midsole                
          portion;                                                                    

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