Appeal No. 98-2156 Page 4
Application No. 08/421,489
the examiner in the answer. As a consequence of this review,
we will sustain Rejections (1), (3) and (4) and reverse
Rejection (5). With respect to Rejection (2) we will sustain
the rejection of claims 3, 4 and 18, and reverse the rejection
of claim 10.
Rejection (1), (3) and (4)
The examiner considers that it would have been obvious to
form the container of Kiley of a cross-linked foam "in order
to adjust the melt viscosity of the foam which aids in
obtaining a more 'uniform fine-celled, highly expanded foam'
(see col. 1 paragraphs 3-4)" (see answer, page 5). In support
of this position the answer states:
Appellant argues that the container of Kiley, as
modified by Kimura et al., does not teach "a one-
piece box, molded from a crosslinked polymer foam
material, wherein the hinge section is said to
specifically comprise compressed crosslinked foam
that is resilient and capable of repeated
articulation" (page 14 lines 14-16 of Brief). The
examiner respectfully disagrees with this position.
The verb "mold" is defined in Webster's II New
Riverside University Dictionary (1994) as "[t]o form
into a particular shape". The container of Kiley
teaches a one-piece box which is formed into a
particular shape, or molded from a polymer foam
material. Kiley also teaches that the container has
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