Appeal No. 2005-2544
Application No. 09/328,749
of the shoe sole, 2) the rearfoot portion spanning the entire
rearfoot area of the shoe sole, and 3) the forefoot portion
having a generally smooth concave contour along the longitudinal
axis of the torsion system. More particularly, the examiner
points to the embodiment seen in Figures 4-10 of Anderie noting
that the torsion system therein includes a forefoot portion
(119), a rearfoot portion (118)1 and an intermediate portion
(110, 114, 115) coupling together the forefoot portion and the
rearfoot portion and constructed of a material and configured to
allow, in a pre-selected manner, rotation of the forefoot portion
relative to the rearfoot portion about a longitudinal axis of the
torsion system (see, e.g., col. 6, line 51 - col. 7, line 37).
The examiner further notes that the torsion system of Anderie
includes a rib (e.g., Fig. 6, 114, 115, 116) projecting beyond an
1 It appears the examiner has mistakenly interchanged the
reference characters for the forefoot and rearfoot portions of
the stiffening element (109). As noted in column 6, lines 24-26,
the anchoring inserts (118) and (119) of stiffening element (109)
in Anderie are “embedded in the front sole portion 103 and rear
sole portion 104 respectively,” thus, making anchoring insert
(118) the forefoot portion and anchoring insert (119) the
rearfoot portion of the stiffening member. This minor oversight
does not appear to significantly affect the issues before us on
appeal.
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