Appeal No. 2004-0146
Application 09/851,911
of the “new invention” to elaborate upon the application of the
principle of the theoretically ideal stability plane to “other
shoe structures” (page 3, last full paragraph). In addition, in
the paragraph bridging pages 10-11, Ellis broadly notes that the
deformation sipes of his invention “can provide a significant
benefit on any portion of the shoe sole that is thick and firm
enough to resist natural deformation due to rigidity.” Page 12
of Ellis sets forth that the shape of the channels (in Fig. 5C)
should be such that the resultant shape of the shoe sole sections
would be “like the Maseur sandals.” The embodiments seen in
Figures 6 and 7 of Ellis are said to depict the new invention
applied to a “conventional flat plane shoe sole” (page 13) or a
“conventional flat, roughly rectangular shoe sole” (page 15).
Page 16 of the disclosure in Ellis notes that the deformation
sipes therein can be applied, not only to conventional flat shoe
soles, but “to any intermediate or partial contour between flat
shoe soles . . . and naturally contoured shoe soles conforming
fully or in part to the foot sole.”
Thus, based on a full consideration of the disclosure in
Ellis, it is clear to us that one of ordinary skill in the art
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