Appeal No. 98-2156 Page 8
Application No. 08/421,489
must be evaluated for what they fairly teach one having
ordinary skill in the art (In re Boe, 355 F.2d 961, 965, 148
USPQ 507, 510 (CCPA 1966)).
As both the appellant and the examiner recognize, Kiley
teaches a one-piece box which (1) is formed from a foamed
polyetheylene resin material (see col. 3, line 42, through
col. 4, line 16) and (2) has a hinge section (see Figs. 2 and
4) that has been formed by compressing the foam material (see
col. 6, lines 30-34; Fig. 5). Although the box of Kiley is
formed from a foamed high-density polyetheylene resin material
(see, e.g., col. 3, lines 65 and 66) which is not cross-linked
(see col. 3, line 18), in the BACKGROUND OF THE INVENTION
Kiley discusses various materials used in the container art,
including foamed or expanded resinous materials (see column 2,
lines 8-45). Immediately thereafter Kiley states that:
Illustrative methods relating to the expansion
of polyetheylene resin are disclosed in U.S. Pat.
Nos. 3,098,831; 4,473,516; 4,552,708 [i.e., the
reference to Kimura relied on by the examiner];
4,738,810; 4,952,352; and Japanese Patent No.
0174423. In general, these references teach methods
of expanding a low density polyethylene starting
material employing both blowing and cross-linking
agents. The disclosure of these patents is
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