Ex parte CONSTANTINO et al. - Page 2




            Appeal No. 97-4260                                                                           
            Application 08/445,660                                                                       


            4, 6 to 11, and 14 to 18, all of the claims remaining in the                                 


            application.  However, in the examiner's answer, the examiner                                
            did not repeat a provisional rejection of all of the claims on                               
            the ground of double patenting, so that rejection is assumed                                 
            to be withdrawn.  Ex parte Emm, 118 USPQ 180 (Bd. Apps. 1957).                               
            Since claims 4 and 18 were not finally rejected on any other                                 
            ground, they are not involved in this appeal.                                                
                  The subject matter on appeal concerns a pallet formed of                               
            upper and lower thermoplastic sheets.  The claims on appeal                                  
            are reproduced in the Appendix to appellants' brief, although                                
            we note that claims 16 and 17 therein do not include all of                                  
            the additions made by the amendment filed on May 22, 1995                                    
            (Paper No. 14).                                                                              
                  The references applied in the final rejection are:                                     
            Griffin                  4,000,704        Jan. 04, 1977                                      
            Dresen et al. (Dresen)   4,428,306               Jan. 31, 1984                               
            Shuert      4,879,956                            Nov. 14, 1989                               
            Cool                           305,082                 Mar. 01,                              
            1989                                                                                         
            (European Application)                                                                       
                  The claims stand finally rejected as follows:                                          

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