Appeal No. 2004-0251
Application 09/853,097
Appellant’s further comments about “vacuum” in the bladders
(205) of Demon and the reservoir (207) therein being at
atmospheric pressure, relate to the “air” embodiment of the
footwear in Demon, not the water embodiment relied upon by the
examiner and this Board in the affirmed rejection of claim 68.
In the embodiment of Demon where water is the desired
pressurizing medium (col. 6, lines 27-32), the bladders (205)
will clearly not be dependent upon a vacuum therein to return to
their original size and shape (e.g., Fig. 4A) when the shoe is in
use, but not in contact with the traveling surface. Moreover,
the reservoir (207) will not be at atmospheric pressure,
especially during an activity where the user is running or
walking and subjecting the bladders (205) to forces increasing
the pressure therein to beyond the set threshold, thereby
requiring a measured opening of the valve (210) to release fluid
(water) from the bladder at a controlled rate to its associated
reservoir or dynamic response chamber (207). Under these
conditions, where the shoe sole (10) and bladders (205) therein
deform upon the application of force as the user’s foot impacts
traveling surface (15), as seen in Figure 4B of Demon, it is
self-evident that water flowing from a bladder (205) to its
reservoir (207) will increase the pressure in the reservoir and
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