Ex parte SCIUGA et al. - Page 6




          Appeal No. 97-4253                                         Page 6           
          Application No. 08/385,981                                                  


                    the art at the time of the invention as a                         
                    suitable insulative “plug” or lining                              
                    material, and one of ordinary skill in the                        
                    art would have obviously considered any                           
                    readily available foam materials to meet                          
                    the criteria of Fragale’s                                         
                    assembly.[examiner’s answer at page 5].                           
               The appellants argue that neither Fragale nor O’Hanlon                 
          suggest using a compressible and resilient one-piece foam                   
          insert for the corner piece of synthetic siding for a building              
          but rather use rigid foam that is adhered to sheet aluminum                 
          utilized for structural support.  In addition, appellants                   
          argue that both Fragale and O’Hanlon employ a single length of              
          foam that extends                                                           


          along the entire length of the associated trim piece or                     
          aluminum skin.                                                              
               The examiner argues that since the claims are directed to              
          a foam insert only, any arguments concerning the strength                   
          provided to the corner members of either Fragale or O’Hanlon,               
          as well as the claimed lengths of these inserts with respect                
          to associated corner members are moot.                                      
               While the examiner is correct that the claims are                      
          directed to an insert only and not a combination of an insert               







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