Ex parte SCIUGA et al. - Page 8




          Appeal No. 97-4253                                         Page 8           
          Application No. 08/385,981                                                  


               In regard to the recitations in claims 1 and 10                        
          concerning the thickness of the insert, the examiner states                 
          that:                                                                       
                    Making Fragale/O’Hanlon’s insert one inch                         
                    thick would also have been an obvious                             
                    design consideration for one of ordinary                          
                    skill in the art, based upon the amount of                        
                    reinforcement desired for the corner                              
                    member--the longer the insert, the more                           
                    reinforcement provided to the corner member                       
                    and the more “filler” to prevent insects,                         
                    weather, etc. from entering the corner’s                          
                    interior. [examiner’s answer at page 6]                           
               We do not agree with the examiner.  Fragale discloses                  
          that the foam insert is utilized to provide additional                      
          structural rigidity to the panel.  A foam insert that was                   
          either significantly less than the length of the corner piece               
          as recited in claim 1 or a thickness that was on the order of               
          one inch as recited in claim 10 would not provide this                      
          support.  O’Hanlon discloses that the insert provides                       
          additional structural rigidity to the panel.  A foam insert                 
          that was either significantly less than the length of the                   
          corner piece or on the order of one inch would not provide                  
          this structural rigidity to the panel.  As such, we conclude                
          that the provision of the recited thicknesses would not have                








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