Ex parte SMYTHE, JR. - Page 2




          Appeal No. 97-3218                                                           
          Application 08/541,947                                                       


          No. 9) ,  and from the final rejection of claims 2 and 7.2                                                                      
          However, in the answer (page 2), the examiner, in effect,                    
          withdrew the final rejection of claims 2 and 7 by indicating                 
          that they are allowed.  Claims 3 through 6 and 8 through 14,                 
          all of the other claims in the application, likewise have been               
          allowed by the examiner.  Based upon the above, only the                     
          rejection of claim 1 is before us on appeal.                                 

               Appellant’s invention pertains to an adjustable                         
          prefabricated drywall corner.  Claim 1 reads as follows.                     

                    An adjustable prefabricated drywall corner                         
                    comprising, in combination, a plurality of                         
                    substantially flat sides foldably attached                         
                    to form at least two seams, one of said                            
                    flat sides adjustably foldable to form a                           
                    third seam at a chosen angle with respect                          
                    to said orthogonal seams.                                          

               As evidence of anticipation, the examiner relies upon the               
          document specified below.                                                    

          Rillo               3,350,825                      Nov. 07, 1967             



               2On page 1 of the answer (Paper No. 12), the examiner indicated that    
          the amendment would be entered.                                              
                                          2                                            





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