Ex parte SMYTHE, JR. - Page 5




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



               The Rillo patent, assessed in its entirety, reveals to us               
          that the drywall corner of appellant’s claim 1 reads on the                  
          wallboard corner of the patent.  More specifically, it is                    
          quite clear to this panel of the board that a side of the                    
          corner taught by Rillo is capable of being adjustably foldable               
          to form a third seam at a chosen angle with respect to the                   
          other seams, e.g., the top side of the Rillo corner, intended                
          for securement to the ceiling, is capable of being folded in                 
          half to form a seam and thereby effecting upwardly angled side               
          halves.  Alternatively, we                                                   





          readily perceive that with one side of the standard three-                   
          sided corner piece of Rillo slit as disclosed by the patentee                
          (from straight edge to apex), a side portion (formed by the                  
          slitting)                                                                    
          is capable of being adjustably foldable to form a third seam                 
          at a chosen angle with respect to the other two seams.  Thus,                
          claim 1 is anticipated by the teaching of Rillo.                             

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