Appeal No. 98-2156 Page 2
Application No. 08/421,489
further consideration by the examiner under the provisions of
37 C.F.R.
§ 1.142(b) as being directed to a nonelected invention.
We AFFIRM-IN-PART.
The appellant's invention pertains to a box for storing
small objects that is molded from a cross-linked polymer foam
material that comprises an integrally formed bottom section,
cover and hinge. Independent claim 1 is further illustrative
of the appealed subject matter and a copy thereof may be found
in APPENDIX A of the brief.
The references relied on by the examiner are:
Lux 3,236,373 Feb. 22,
1966
Solomon 3,813,025 May 28,
1974
Davis 4,298,133 Nov. 3,
1981
Kimura et al. (Kimura) 4,552,708 Nov. 12,
1985
Johnson et al (Johnson) 4,935,287 Jun. 19,
1990
Kiley 5,564,623 Oct. 15,
1996
(filed Jun. 11, 1993)
The claims on appeal stand rejected under 35 U.S.C. §
103(a) in the following manner:
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