Appeal No. 2004-0251
Application 09/853,097
surface and, as indicated at column 5, lines 22-38, of Demon,
allows the fluid bladder to deform (as shown in Fig. 4B) and
thereby lessens the “push back” of the bladder. From our
perspective, controllably opening the valve (210) to alter and
lessen “push back” of a bladder (205) in Demon’s footwear during
user activity provides control over a dynamic characteristic of
the enclosed space or bladder and corresponds to an effective
damping of forces in the wall of the enclosed space/bladder, as
broadly set forth in claim 129 on appeal.
As for appellant’s assertions concerning claim 68, we remain
of the view set forth on pages 35-37 of our earlier decision.
Contrary to appellant’s contention on page 8 of the request,
Demon, column 5, lines 46-51, appears to distinguish between the
fluid bladder (205) and the fluid reservoir (207), noting that
both the size of the fluid bladder (205) and “the pressure
exerted by fluid in the fluid reservoir” bear on the size of the
opening of the fluid regulator (210). However, even if the
“fluid reservoir” in this particular passage of the Demon patent
actually references the “fluid bladder” (205), our view with
regard to claim 68 and the water embodiment of Demon’s
dynamically controlled footwear does not change.
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