Appeal No. 2004-0251
Application 09/853,097
subsequently over a dynamic characteristic of the enclosed
space/bladder. Appellant’s assertion that the broad language of
claim 127 requires simultaneous control over two independent
characteristics of the footwear, and that such characteristics
must be controllable at any time, attempts to read too much of
the specification into the claim, and is simply beyond the
broadest reasonable interpretation of the disputed language in
claim 127.1
On page 8 of the request, appellant asserts that control of
relief pressure and cushioning effected by control of the flow
rate of water from a bladder (205) in Demon’s footwear does not
correspond to damping. We do not agree. As noted in column 4,
lines 11-13, the fluid valve (210) associated with each of the
fluid bladders in the footwear of Demon is adjustable over a
range of openings (i.e., variable metering) to control the flow
of fluid exiting a fluid bladder, which release of fluid from the
bladders reduces the impact of the user’s foot upon the traveling
1 While appellant has indicated, on page 3 of the request,
that chapters 1 and 17 of Elements of Computer Process Control
were provided with the request, we note that no such documents
were attached when the request was Faxed to the USPTO on April
26, 2004.
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