Appeal No. 98-2156 Page 9
Application No. 08/421,489
incorporated by reference herein. [Column 2, lines
46-54; emphasis added.]
Kiley further states that:
A variety of materials are commonly employed
within the packaging/protective coverings industry,
each chosen for a given application based on a
variety of factors which, invariably, include
durability and relative expense. [Column 4, lines
39-42.]
In our view, the teachings of Kiley taken as a whole
would have fairly suggested to the artisan that any of the
materials mentioned in the BACKGROUND OF THE INVENTION
(including the foamed polyetheylene resin that is cross-linked
according to the teachings of Kimura and the five other
references, all of which have been incorporated by reference
by Kiley) may be employed dependent upon the particular
application involved and taking into account such factors as
durability and relative expense. In making this selection of
materials the artisan, as implicitly suggested by the above-
quoted portion of column 4 of Kiley, would have been well
aware of the respective advantages and disadvantages of each.
See, e.g., In re Heinrich, 268 F.2d 753, 756, 122 USPQ 388,
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