Ex parte SMYTHE, JR. - Page 7




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


          plastic material within the aforementioned range permits a                   
          side of the                                                                  
          corner to be adjustably foldable to form a third seam at a                   
          chosen angle, as claimed.                                                    

               Turning to the Rillo teaching, we find that the patentee                
          specifies a plastic corner piece with the basic thickness of                 
          the plastic being, e.g. .005NN to .010NN (column 1, lines 50                 
          through 53 and column 2, lines 37 through 40).  Thus, the                    
          plastic material of Rillo falls on the low, thinner end of the               
          acceptable thickness range specified by appellant for the                    
          present invention. Clearly, as was the case with the material                
          thickness for appellant’s corner, the plastic material                       
          thickness of the Rillo patent would permit a slit side of the                
          corner to be adjustably foldable to form a third seam at a                   
          chosen angle, as now claimed. For this reason, we simply                     
          cannot agree with the argued and unsupported viewpoint of                    
          appellant as to the adjustable foldability of the corner of                  
          Rillo being “impossible”.                                                    





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