Appeal No. 2004-0251
Application 09/853,097
anticipated by Demon. In the request, appellant has particularly
focused the arguments on our affirmance of the examiner’s
rejection of claims 127 and 129 as being anticipated by Gross or
Demon, and claim 68 as being anticipated by Demon.
We have carefully considered each of the points of argument
raised by appellant in the request for rehearing, however, those
arguments do not persuade us that our merits based determinations
on patentability regarding claims 68, 127 and 129 were in error
in any respect. Claims 68, 127, and 129 read as follows:
68. An article of footwear, comprising a bladder having a
pressurized fluid therein, a dynamic response chamber, and a
control for controlling a dynamic flow of pressurized fluid
between said bladder and said dynamic response chamber caused by
transient forces, wherein said flow of pressurized fluid is
dependent on a state of said dynamic response chamber.
127. A dynamically controlled footwear system, comprising:
(a) an enclosed space having a wall, said wall
communicating forces with a wearer’s foot; and
(b) a control system for separately controlling a static
and dynamic characteristic of said enclosed space.
129. The system according to claim 127, wherein said static
characteristic corresponds to a tension of the enclosed space
wall and said dynamic characteristic corresponds to an effective
damping of forces in the wall of the enclosed space.
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