Ex Parte Bailey et al - Page 7



          Appeal No. 2004-0251                                                             
          Application 09/853,097                                                           

          thereby make further flow of pressurized fluid from the bladder                  
          (205) to the reservoir (207) dependent upon a state (i.e.,                       
          pressure) of the reservoir or dynamic response chamber (207).                    
          When the shoe is not in contact with the traveling surface, such                 
          as when the user’s foot is in its upward or downward motion                      
          during running or walking, and the forces are thus removed from                  
          the shoe sole (10) and bladders (205), the pressurized fluid                     
          (water) in the reservoir (207) associated with each bladder (205)                
          will be returned to its bladder, thereby returning the bladder to                
          its original size and shape (e.g., Fig. 4A), at which time                       
          control system (300) again closes valve (210) in preparation for                 
          the next impact of the user’s foot with the traveling surface.                   

          Regarding appellant’s comments concerning “accidental                            
          anticipation,” we stand by our determination on pages 37-38 of                   
          our earlier decision, that the doctrine of accidental                            
          anticipation is inapposite in this case.                                         

          In light of the foregoing, appellant’s request is granted to                     
          the extent of reconsidering our decision, but is denied with                     
          respect to making any changes therein.                                           

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