Ex parte SCIUGA et al. - Page 7




          Appeal No. 97-4253                                         Page 7           
          Application No. 08/385,981                                                  


          and a corner member, the insert which is claimed is a “one-                 
          piece resilient compressible L-shaped foam member”.  In                     
          addition, the insert is                                                     
          “of a thickness significantly less than the length of the                   
          corner piece” as recited in claim 1 or has “a thickness on the              
          order of one inch” as recited in claim 10.                                  
               In regard to the requirement that the foam be resilient                
          and compressible, appellants argue that since Fragale                       
          discloses that the foam layer provides additional structural                
          rigidity to the panel and since O’Hanlon discloses that the                 
          foam-type substance becomes suitably hardened so as to hold                 
          various parts of the joint in rigid alignment, these                        
          references disclose rigid foam.  We do not agree.  In our                   
          view, the foam disclosed in Fragale and O’Hanlon is resilient               
          and compressible at least to some degree and such resiliency                
          and compressibility would not prevent the                                   
          foam from (1) providing at least some structural rigidity in                
          Fragale or (2) holding the various parts in rigid alignment in              
          O’Hanlon.                                                                   










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