Ex parte SMYTHE, JR. - Page 6




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



               We are not persuaded by the argument of appellant as to                 
          the patentability of claim 1.                                                

               Appellant’s focus is upon the perceived rigidity of the                 
          plastic drywall corner of Rillo (main brief, pages 10 and 11                 
          and reply brief, page 2) which drywall corner appellant views                
          as inherently “unfoldable” (main brief, page 12) or                          
          “impossible” to be adjustably foldable (reply brief, page 2).                

               Like the examiner (answer, pages 4 and 5), we do not                    
          share appellant’s point of view as to the rigidity of the                    
          corner of Rillo or its being inherently unfoldable, as                       
          explained, infra.                                                            

               Initially, we recognize that appellant instructs us                     
          (specification, page 9) that the present invention can be                    




          practiced with the corner made of plastic material of a                      
          thickness                                                                    
          from “under 2 or 3 mils to well over 25 mils” (under .002 inch               
          or .003 inch to well over .025 inch).  Thus, a thickness of                  
                                          6                                            





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