FIELD OF INVENTION This invention relates to waterproof footwear, and it's method of production. More particularly it relates to footwear that is liquid proof, but is water vapor permeable, and is desired to be close fitting as would be required for athletic, casual and other similar footwear applications that would use force lasting processes and cemented soles. The invention concerns footwear with an upper, provided at least partially with a durably waterproof functional layer that is preferably water vapor-permeable, and with an outsole, especially a glued-on outsole, and the use of a spacer strip.

BACKGROUND There are shoes whose shoe upper is waterproof and water vapor- permeable, owing to covering with a waterproof breathable functional layer.

This type of shoe upper remains breathable, despite it's waterproofness.

Special efforts are required to ensure permanent waterproofness in the region between the end of the upper on the sole side and the sole structure.

To achieve this, sock-like inserts, also called booties in technical circles, have been used between the upper and sole structure, on the one hand, and an inner lining, on the other. Since such booties are shaped by joining cutout parts, they need not have stitching holes. However, the use of booties is quite costly in manufacture, if the booties are to correspond to some extent to the corresponding shoe shape and achieve the desired fit.

Another known method consists of sealing the bottom of the footwear and the insole and the lower region of the upper, covered with the functional

layer and optionally stitched to an insole, with outsole material of a molded-on outsole. However, it cannot be prevented that water will reach the end of the upper on the sole side and thus the end of the functional layer on the sole side, generally on the water-conducting outer material of the upper via capillary effects, and will reach via bridges, especially in the form of textile fibers on the cut edge of the end of the upper on the sole side, the generally very strongly water-absorbing inner liner situated on the inside of the functional layer.

This problem has been overcome in a sole structure known from EP 0 298 360 B1, in which the functional layer has a projection with respect to the outer material in the region of the end of the upper on the sole side, which is covered with a spacer strip from one side on the outer material and the other side on the functional layer, and is firmly stitched to the insole. The projection of the functional layer is sealed by the outsole material, which, during injection molding, in which it is liquid, penetrated the spacer strip. The spacer strip represents a barrier to water that penetrated to below the region of the end of the upper on the sole side covered by the outsole, especially when a monofilament spacer strip is involved, so that such water cannot penetrate to the cut edge of the functional layer on the sole side and thus not reach the inner lining of the footwear.

The spacer strip solution has proven successful. Since sealing of the end region of the functional layer on the sole side, in this case, presumes molding-on of an outsole, this known method is restricted to shoes with molded- on outsoles and cannot be used for shoes with glued-on outsoles. Therefore, it is not available for shoes of more elegant style.

Shoe designs are known, in which the functional layer also has a projection beyond the outer material in the end region on the sole side, in which, however, no spacer strip is present. In this case, the outsole material is molded directly onto the functional layer in the region of the projection. This method is also suited only for footwear with molded-on outsoles.

Shoe designs are known, in which the functional layer also has a projection beyond the outer material in the end region on the sole side, and in which the sole may be attached by cementing. however, no spacer strip is present. In this case, the upper and the liner are lasted to an insole board and the water proof seal is made with the use of a

gasket or sealant. These constructions require the use of lasting machines and conventional insole materials and are not preferred for these applications.

If one attempts to sew these functional layer projections directly to the insole material and then to force last the upper there is a great tendency for the stitching to pull out of the functional layer, creating rework and inefficiency.

Similarly if the string of a string lasted shoe is attached only to the functional layer there is a similar tendency to pull out creating manufacturing problems.

The described invention overcomes these problems and still allows durably waterproof seals to be formed during the attachment of the sole.

SUMMARY OF THE INVENTION With this invention, footwear is made available in which the upper end region on the sole side can be made permanently waterproof with any outsole with the least possible expense by the use of force lasting or string lasting. By force lasting is meant lasting with strobel construction, sliplasting or tubular type construction.

The invention is footwear comprising an upper, an insole, and an outsole in which: the upper is comprised of an outer material layer and a waterproof functional layer that covers the outer material at least partially on its inside, and having an upper end region on the sole side that is comprised of an outer material layer end region and a functional layer end region having a projection extending beyond the outer material layer end region; said projection being attached to said insole; a first adhesive located on the outside of the projection; a spacer strip connected on one side to the outer material layer end and on the other side to the functional layer end projection or to the insole, such that it covers the projection; a second adhesive located adjacent the spacer strip on the side away from the first adhesive; said spacer strip encapsulated by adhesive such that there is a continuous layer of adhesive between the functional layer projection and the outsole, said outsole being adhered to the upper and to the insole.

A sealing zone is thus provided around the outer perimeter of the insole and the inner perimeter of the outsole upper end region and consists of adhesive on the outside of the functional layer end region projection. This adhesive is applied prior to sewing or attaching a spacer strip. The spacer is positioned such that it has one side that is joined to the outer material end region and its other side to the functional layer end region and the insole material, preferably by stitching as, for example, a strobel stitch. The presence of the spacer strip allows a durably waterproof seal to be formed between the functional layer end region and the cemented sole, while also allowing the forces created during force lasting or string lasting to be transferred to, or be shared with the upper material, rather than being applied exclusively to the functional layer. This prevents the rework that is created by the stitching tearing out of the functional layer during processing. The spacer strip is preferably an open mesh material formed from thermoplastic mesh materials, or textile, but could take any form including, staples, large loop or long stitches, or similar structures. The key attributes are to allow sufficient flow of the adhesive to allow a durably waterproof seal to be formed and to allow the transfer or sharing of load between the upper material the layer and the functional layer during force lasting or string lasting.

The adhesive may also applied on the sole opposite side of the spacer strip from the sealing region, that leads to waterproofness in the final form after the two adhesive coatings are heated or flash activated and sealed together during sole attachment. Alternatively the second layer of adhesive can be directly applied to the sole.

DETAILED DESCRIPTION OF THE INVENTION The sealing function, which was achieved in ordinary footwear of the aforementioned type with the outsole material, is produced in the footwear according to the invention by the pre-applied adhesive on the outsole side of the projection of the functional layer end region, and on the outsole, which has good sealabilty in the molten state and bonds to the layer applied to the other side of the spacer strip, and leads to particularly reliable waterproofness in the final shoe.. The adhesive or sealant can be applied with very simple means, as an aqueous, or solvent based adhesive for example, spread on, sprayed on or applied by a brush or a hot melt. Polyurethane or neoprene, acrylic, or latex adhesives are typically used of these applications, but there are a variety of materials that will function as adhesives and sealants. Solvent based or

aqueous based adhesives are typically dried after application and then later re- activated by heating or flash activation prior to the sole attachment process.

The waterproofness of the sole structure of waterproof footwear is thus achieved in extremely simple fashion and with extremely simple process steps.

The method according to the invention therefore leads to lower manufacturing costs for waterproof shoes.

Bonding and sealing of the pre-applied adhesive to form a seal is particularly intimate, if the activated (molten) adhesive is pressed mechanically against the sole using a pressing device like a sole press that is preferably suitable for this purpose and available from USM, International. Similar equipment is available from other footwear equipment manufacturers, and are well known in the industry.

In one variant of the invention, the upper end region extends essentially perpendicular to the bearing surface of the outsole (subsequently, also referred to as vertical extent) and the functional layer end region protrudes beyond the outer material end region in the direction toward the bearing surface. In another variant of the invention the upper end region extends essentially parallel to the bearing surface of the outsole (subsequently, also referred to as horizontal extent) and the functional layer end region protrudes above the outer material end region in the direction toward the center of the outsole. The first variant is particularly suited for shell-like outsoles that have an edge that protrudes perpendicular to the bearing surface of the outsole. The latter variant is particularly suitable for shoes with flat, plate-like outsoles, as are used in more elegant shoes, for example.

By force lasting is meant the generic term for constructions where the upper and insole is first sewn together to form a"bag"which is then manually pulled or forced over the last or foot form to give it the required shape (sometimes called"bag"lasting). There are many variants of force lasting.

Examples include: sewn-in-sock, tubular, moccasin, California slip last, veldtschoen, string lasted, side wall stitched, and turnshoe. Other examples and names are:

Strobel-the best known sewing machine manufacturer for force lasted sewn-in-sock work and hence the construction is commonly called Strobel construction.

Slip lasting-commonly used as an alternative term to force lasting, but implies relatively low forces are required to pull the upper over the last. Often used for the tubular construction with lightweight lining or insole.

The procedure is as follows in a method according to the invention to produce footwear according to the invention: An upper is created, which is constructed with an outer material and with a waterproof functional layer that covers the outer material at least partially on its inside, and is provided with an upper end region on the sole side. The functional layer is provided with a functional layer end region on the sole side, in which the functional layer end region is provided with a projection that extends beyond the outer material end region. Outsole adhesive is pre-applied to the functional layer projection of the functional layer end region. A spacer strip is attached between the upper end region and the end of the functional layer end region and insole material. The inside end of the spacer strip and functional end region are attached to the insole material typically by sewing with a strobel stitch. A sealing zone is defined in the outsole peripheral direction between the upper material edge and the insole material edge, which leads to waterproofness around the sealing zone and the perimeter of the outsole when the outsole is fastened to the upper end region, and the functional end region, with adhesive applied to the sole or sole side of the sealing region. A series of staples or large loop stitches could also serve as the spacer strip described above if they are spanning the same region and allow load sharing with the upper.

Production of shoes according to the invention becomes particularly simple and economical due to the use of outsole adhesives that are easily applied and dried, and thermally activatable and can be brought to the melt by heat tunnels or flash activation for sealing and sole attachment.

Activation temperatures for such outsole adhesives typically lie in the range from about 60 to 90°C.

A functional layer that is not only water-impermeable, but also water vapor-permeable, is particularly preferred. This permits production of

waterproof shoes that remain breathable, i. e., water vapor permeable, despite waterproofness.

The functional layer, optionally including the seams provided on the functional layer, is considered"waterproof', if it guarantees a water penetration pressure of at least 0.13 bar. The functional layer material preferably guarantees a water penetration pressure of more than 1 bar. The water penetration pressure is measured according to a test method, in which distille water is applied at 20 2°C to a sample of 100 cm2 of the functional layer with increasing pressure. The pressure rise of the water is 60 1 cm H20 per minute. The water penetration pressure corresponds to the pressure at which water first appears on the other side of the sample. Details of the procedure are stipulated in ISO Standard 0811 from the year 1981.

A functional layer is considered"water vapor-permeable"when it has a water vapor permeability number Ret of less than 150 m2. Pa. W1. The water vapor permeability is tested according to the Hohenstein skin model. This test method is described in DIN EN 31092 (02/94) and ISO 11092 (19/33).

Whether a shoe is waterproof can be tested, for example, with a centrifuge arrangement of the type described in US-A-5 329 807. A centrifuge arrangement described there has four pivotable mounting baskets to hold footwear. Two or four shoes or boots can be tested simultaneously with it.

Centrifugal forces that are produced by rapid centrifuging of the footwear are utilized in this centrifuge arrangement to find water-untight sites of the footwear.

Water is filled into the interior of the footwear before centrifuging. An absorbent material, like blotting paper or a paper towel, is arranged on the outside of the footwear. The centrifugal forces exert a pressure on the water filled into the footwear, which causes the water to reach the absorbent material, if the footwear is not tight.

Water is initial filled into the footwear in this type of waterproofness test. In footwear with an outer material that does not have sufficient intrinsic rigidity, rigid material is arranged in the internal space of the upper for stabilization, in order to prevent collapse of the upper during centrifuging.

Blotting paper or a paper towel, on which the footwear being tested is placed, is situated in the corresponding mounting basket. The centrifuge is then rotated for a specified period. The centrifuge is then stopped and the blotting paper or

paper towel examined to see if it is moist. If it is moist, the tested footwear did not pass the waterproofness test. If it is dry, the tested footwear passed the test and is classified as waterproof.

The pressure that the water exerts during centrifuging depends on the effective shoe surface (sole inside surface), which depends on shoe size, the weight of the amount of water filled into the footwear, the effect of centrifuge radius and the centrifuge speed.

Appropriate materials for the waterproof, water vapor-permeable functional layer include polyurethane, polypropylene and polyester, including polyether-ester and its laminates, as described in documents US-A-4,725,418 and US-A-4,493,870. However, expanded microporous polytetrafluoroethylene (ePTFE) is particularly preferred, as described in documents US-A-3,953,566 and US-A-4,187,390, and expanded polytetrafluoroethylene that is provided with hydrophilic impregnation agents and/or hydrophilic layers; see, for example, document US-A-4,194,041. Microporous functional layer is understood to mean a functional layer whose average pore size lies between about 0.2 jum and about 0.3 lim.

Pore size can be measured with the Coulter porometer (trade name), which is produced by Coulter Electronics, Inc., Hialeah, Florida, USA.

The Coulter porometer is a measurement device that provides automatic measurement of pore size distribution in porous media, in which the liquid displacement method (described in ASTM Standard E 1298-89) is used.

The Coulter porometer determines the pore size distribution of a sample by an increasing air pressure directed on the sample and by measurement of the resulting flow. This pore size distribution is a gauge of the degree of uniformity of the pores of the sample (i. e., a narrow pore size distribution means that there is a slight difference between the smallest pore size and the largest pore size). It is determined by dividing the maximum pore size by the minimum pore size.

The Coulter porometer also calculates the pore size for average flow.

By definition, half of the flow through the porous sample occurs through pores whose pore size lies above or below this pore size for average flow.

If ePTFE is used as functional layer, the outsole adhesive can penetrate the pores of this functional layer during the gluing process, which leads to mechanical anchoring of the outsole adhesive in this functional layer. The functional layer, consisting of ePTFE, can be provided with a thin polyurethane (PU) layer on the side with which it comes in contact with the outsole adhesive during the gluing process. When PU outsole adhesive is used in conjunction with such a functional layer, not only mechanical bonding, but also chemical bonding occurs between the PU outsole adhesive and the PU layer on the functional layer. This leads to a particularly intimate gluing between the functional layer and the outsole adhesive, so that particularly permanent waterproofness is guaranteed.

Leather or a textile fabric are suitable as outer material. Textile fabrics can be, for example, woven, knitted, mesh fabrics, nonwovens or felt. These textile fabrics can be produced from natural fibers, for example, from cotton or viscose, from synthetic fibers, for example, from polyesters, polyamides, polypropylenes or polyolefins, or from mixtures of at least two such materials.

A liner material can be arranged on the inside of the functional layer, if desired. The same materials just mentioned for the outer material are suitable as liner material, which is joined to the functional layer, forming a functional layer laminate. The functional layer laminate can also have more than two layers, in which a textile backing can be found on the side of the functional layer facing away from the liner layer.

The outsole of the footwear according to the invention can consist of waterproof material, like rubber or plastic, for example, polyurethane, or from non-waterproof material, like leather assuming the non-waterproof material is provided with rubber or plastic coating that waterproofs the area contacting and sealing region and the entire side facing the insole.

The insole material of the footwear according to the invention can consist of any woven, non-woven, fiberboard, or mesh material that is appropriate as an insole material and compatible with strobel stitching. The preferred type of insole material is a non-woven type, and it is available from Texon as TL28FL, or is available from Bontex as a product named BONPEL- 350.

The invention is now further explained with reference to variants. In the drawings, partly in a schematized cross sectional view and partly in a perspective section view: Fig. 1 shows in a cross sectional view a first variant of a shoe according to the invention with insole, vertical upper end region and vertical spacer strip; Fig. 2 shows in a cross section view a second variant of a shoe according to the invention with insole, vertical outer material end region, horizontal functional layer end region and horizontal spacer strip; Fig. 3 shows in a cross section view a third variant of a shoe according to the invention with insole, horizontal upper end region and horizontal spacer strip; Fig. 4 shows a perspective section view of the third variant, still without outsole; Fig. 5 shows a view as in Fig. 4, but with outsole; Fig. 6 shows a partially cutaway perspective view of an entire shoe according to the third variant; Fig. 7 shows a forth variant of a shoe according to the invention without an insole, in which the outer material end region and the functional layer end region are each tightened with a lasting string in horizontal alignment with spacer strip; The terms vertical and horizontal are used below to describe the position of individual shoe components. This refers to the depictions in the figures. This corresponds to the idea that shoes, in most cases, are found with their outsole on a horizontal floor or other type of horizontal base.

Fig. 1 shows, in a strongly schematized cross section view, a first variant of a shoe according to the invention with an upper 11, which is constructed with an outer material 13 and a functional layer 15 that covers its inside. The functional layer 15 can be part of a functional layer laminate that has a functional layer and a liner layer on its inside. The functional layer 15 can

also be provided with a textile backing (not shown) on its outside, facing outer material 13. There are also variants, in which the functional layer and the liner are separate material layers.

Fig. 1 also shows an insole 17 and a shell-like, prefabricated outsole 19, which is constructed with rubber and/or plastic. The outer material 13 and the functional layer 15 have a vertically (i. e., perpendicular to the bearing surface of outsole 19) ending outer material end region 31 and functional layer end region 23. The functional layer end region 23 has a projection 25 relative to outer material end region 21. The projection 25 is coated with pre-applied adhesive 99 and is spanned by a spacer strip 27. A first, top side of the spacer strip is stitched to the lower end of outer material end region 21 by means of a first seam 29. A lower, second side of spacer strip 27 is stitched both to the insole material 17 and to the lower end of the functional layer end region 23 by means of a Strobel seam 31.

Adhesive 99 is applied along the outer facing surface of projection 25.

A outsole adhesive 35 that leads to waterproofness in the final shoe is applied to the outsole 19 and optionally to the outside of spacer strip 27 (shown as 33) in the liquid state, which is dried. The adhesive is remelted, for example, by heating, the outsole adhesive 33 and 35 and penetrates spacer strip 27 and penetrates into the region of the projection 25 and the adhesive 99. In the final state, the outsole adhesive 33,35, and 99 then seals this region of the functional layer 25 waterproof. The peripherai region of insole 17 bordering the functional layer end region 23 is then preferably also sealed.

Water or other liquid that has penetrated along the water-or liquid- conducting outer material 13 to the lower end of outer material end region 21 cannot reach the inside of functional layer 15 and thus the inside lining of the shoe, because of this sealing with pre-applied outsole adhesive 99 to the outsole adhesive 35.

Outsole adhesive 35, which can be an ordinary outsole adhesive in the form of an aqueous or solvent adhesive, e. g. Helmitin C2426 or Upaco 2441, or hot melt adhesive, is preferably applied to the entire inside of outsole 19.

Outsole adhesive 37 is also applied to the outside of outer material 13. Fig. 1 shows a manufacturing state of the shoe of the first variant before the outsole 19 is pressed upward against insole 17, in order to glue it to insole 17 and to

the upper end region on the sole side. The outsole adhesive 35 on the inside of shell edge 40 of outsole 19 then enters into adhesive bonding with the outsole adhesive 37 applied to the upper end region.

For better depiction and clarity in Fig. 1, the spacings between the individual components of the shoes structure are shown larger than they are in reality. The spacings between the individual components are actually dimensioned so that after pressing of outsole 19 onto insole 17, the shell edge 40 lies tightly against the outside of outer material 13 and is glued to the insole.

The same also applies for all other variants depicted in the figures.

Fig. 2 shows a second variant of a shoe according to the invention that largely agrees with the first variant depicted in Fig. 1, but deviates from the first variant to the extent that only the outer material end region 21 ends vertically in the second variant, but the functional layer end region 23 ends vertically in the second variant, but the functional layer end region 23 ends horizontally, i. e., parallel to the bearing surface of outsole 19. The projection 25 of functional layer end region 23 and essentially also the spacer strip 27 and optional outsole adhesive 33 and adhesive 99 therefore also run horizontal. Because of the horizontal extent of functional layer end region 23, the insole material 17 does not extend over the entire sole width of the shoe structure, but its peripheral edge has a spacing from the vertical part of upper 11. Otherwise, agreement exists with the first variant, so that with respect to additional aspects of the second variant, the comments made above concerning the first variant are referred to.

Fig. 3 shows a third variant of a shoe according to the invention, in which both the outer material end region 23 and the functional layer end region 23 run horizontally, which also leads, in this variant, to a roughly horizontal extent of spacer strip 27 and adhesive 99 and optional outsole adhesive 33.

This shoe structure permits the use of a plate-like outsole 39, since, unlike in the first and second variants, no enclosure of a vertical end region of upper 19 by means of a shell edge or shell-like outsole is required. For this reason, any outsole can be used for the third variant, for example, a leather sole, as is desired for more elegant shoes. Because of the exclusively horizontal trend of outsole 39, the outsole adhesive 37 applied to the outside of outer material 13 is applied to the horizontally running outer material end region 21.

The third practical example depicted in Fig. 3 is shown in Fig. 4 in a partially cutaway perspective view, but still without outsole. This figure shows a last 41, over which the upper 11 is pulled. Deviating from Fig. 3, a separate liner layer 43 is shown in Fig. 4 on the inside of functional layer 15. Fig. 4 shows the shoe structure in a state in which the outsole adhesive has only been applied to the bottom of spacer strip 27, but has still not been forced through spacer strip 27 to penetrate up to the pre-applied adhesive 99 in the functional layer end region 23.

Fig. 5 shows a shoe structure according to Fig. 4, also in a partially cutaway perspective view, after gluing of an outsole 39 onto the bottom of the insole and onto the bottom of the vertical region of upper 11. The last 41 has already been removed from the shoe in this depiction.

A circular section of the sole structure is shown additionally in an enlargement for better clarity.

Fig. 6 shows in a perspective view an entire shoe, in which a part is cut away, in order to show the site of the shoe on which the section according to Fig. 5 is situated.

Fig. 7 shows, as a fourth variant of the invention, a shoe without insole or without insole in the depicted region of the shoe. There are shoes that are constructed over part of their shoe length, for example, in the region of the front of the foot, without an insole and with an insole in the remaining part of the shoe.

Since the shoe or shoe part depicted in Fig. 7 has no insole, the components of the vertical upper region, namely, the horizontal outer material end region 21 and the horizontal functional layer end region 23, must be secured in their horizontal position in some other way. Strings are used for this purpose (in technical circles, also known under the term string lasting), and specifically a first lasting string 45 for functional layer end region 23 and a second lasting string 47 for outer material end region 21. Each of these lasting strings 45 and 47 has a loop-like cord tunnel 49, which extends around the entire inner periphery of functional layer end region 23 and outer material end region 21, in which a cord 51 is situated, by means of which the functional layer

end region 21 and the outer material end region 23 are lashed together, while the upper is stretched over a last (not shown in Fig. 7). An adhesive layer 99 is pre-applied to the functional layer end region 25 on the outside.

A spacer strip 27 in this variant is stitched on one side to the cord tunnel 49 of the second lasting string 47 and on the other side to the cord tunnel 49 of the first lasting string 45, so that the projection 25 of the functional layer end region 23 is spanned by the spacer strip 27. On the bottom of spacer strip 27, additional outsole adhesive 33 is applied, which leads to a waterproof sealing of functional layer 15 in the region of the functional layer end region 23 when contacting the pre-applied adhesive 99. The additional outsole adhesive 33 is then dimensioned so that it also includes lasting strings 45 and 47 in its sealing.

After application of outsole adhesive 33, a plate-like outsole 39 is glued, by means of outsole adhesive 37, to the bottom of the horizontal upper region.

Although not shown in Fig. 13, outsole adhesive can also be applied in this variant to the bottom of outer material end region 21 before the outsole 39 is glued on.

If the width of the spacer strip 27 is chosen carefully to match the width of the functional layer projection 25, it is possible to use only a single string 45 to last the upper and the functional layer simultaneously.