Appeal No. 2005-1496
Application 09/994,439
Giese discloses a shoe bottom having a desirable combination
of cushioning and stability (see column 2, lines 14 through 22).
In general, the bottom 1 includes a relatively firm lower layer
2, a relatively soft upper layer 3 having an upper surface
contoured to complement the shape of a wearer’s sole and, when
the bottom 1 is used in an athletic shoe, a rubber outsole 5
beneath the lower layer 2. As shown in Figures 78 through 82,
the outsole 5 may take the form of a shell having an upwardly
extending peripheral rim for receiving the lower and upper layers
therein (see column 10, lines 36 though 47). Giese explains with
respect to the embodiment shown in Figures 6 through 10 that such
a shell or cup-shaped configuration maintains the relatively soft
layer in the center of the shoe bottom to assist its shock
absorbing function and prevents lateral deformation thereof which
can lead to premature failure of the layer (see column 8, lines
51 through 64; and column 1, line 60, through column 2, line 4).
Campagna discloses a shoe comprising, inter alia, an upper
1, a rubber outer sole 7 and a foxing 9 composed of gum rubber or
a rubber-coated fabric vulcanized over the joint or seam between
the upper and outer sole (see Figure 2 and column 4, lines 20
through 30).
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