Ex parte JANETOS - Page 10




          Appeal No. 98-2156                                        Page 10           
          Application No. 08/421,489                                                  


          390 (CCPA 1959).  Indeed, as conceded by the appellant on page              
          4 of the brief, "it is well known that crosslinking rigidizes               
          a thermoset material, and increases the value of the elastic                
          modulus" (footnote omitted) and the artisan would have been                 
          well aware of this "well known" knowledge.  Accordingly, one                
          of ordinary skill in this art would have found it obvious to                
          select a foamed polyetheylene resin that was cross-linked                   
          (such as that taught by Kimura) for the material of the box of              
          Kiley, particularly where rigidity and the value of the                     
          elastic modulus were of concern.                                            
               The appellant does not appear to specifically dispute the              
          above-noted position of the examiner regarding the recitation               
          of "molded" in each of the independent claims under                         
          consideration.  In any event, Kiley teaches that the material               
          forming the box is "extruded" (column 3, line 43) which, as a               
          broad proposition, can be considered to be a molding                        
          operation.  Thus, giving the term "molded" its broadest                     














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