Ex Parte ELLIS - Page 21




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

                    the inner midsole surface of each of the midsole medial           
          and lateral sides comprising a convexly rounded portion, as                 
          viewed in said heel portion frontal plane cross-section when the            
          shoe sole is upright and in an unloaded condition, the convexity            
          existing with respect to a section of the midsole directly                  
          adjacent to each convexly rounded portion of the inner midsole              
          surface;                                                                    
                    the outer midsole surface of each of the midsole medial           
          and lateral sides comprising a concavely rounded portion, 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;                                                                    
               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 lane 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; and                                                              
               each sole side having a sole thickness that is greater than            
          a sole thickness in the sole middle portion, as viewed in said              
          heel portion frontal plane cross-section when the shoe sole is              
          upright and in an unloaded condition.                                       
                                        -21-                                          





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