Ex Parte Ellis - Page 4




          Appeal No. 2004-0253                                                        
          Application 09/933,821                                                      


          we refer to the examiner's answer (Paper No. 16, mailed May 19,             
          2003) and to appellant’s brief (Paper No. 15, filed April 29,               
          2003) and reply brief (Paper No. 17, filed July 24, 2003) for a             
          full exposition thereof.                                                    


                    0PINION                                                           


          Having carefully reviewed the obviousness issues raised in                  
          this appeal in light of the record before us, we have made the              
          determinations which follow.                                                


          Before we specifically address the examiner’s prior art                     
          rejections and appellant’s arguments thereagainst, we direct                
          attention to the marked-up version of Figure 9D shown on page 4             
          of appellant’s brief for a better understanding of the various              
          sole portions or sections and other relationships defined in the            
          claims on appeal, particularly the “at least one convexly rounded           
          portion of the inner midsole surface,” the “at least one                    
          concavely rounded portion of the outer midsole surface” and the             
          “rounded portion of the midsole located between said convexly               




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