Ex parte GEMRA et al. - Page 8




                 Appeal No. 98-3288                                                                                                                     
                 Application 08/630,304                                                                                                                 


                 paragraph of 35 U.S.C.                                                                                                                 
                 § 112.                                                                                                                                 


                                                        REMAND TO THE EXAMINER                                                                          


                          In the application file, we have found a patent to Hofman                                                                     
                 et al. (U.S. Patent No. 5,364,178, issued Nov. 15,1994).   It                                        4                                 
                 does not appear that this document has been made of record in                                                                          
                 the present application.  This patent teaches a box-like inner                                                                         
                 framework 120 (Figs. 3 and 6) comprised of metal corrugated                                                                            
                 panels, providing a stronger frame which does not rely on an                                                                           
                 outer housing or wrapping for its structural integrity (column                                                                         
                 4, lines 7 through 23, and column 6, line 66 to column 7, line                                                                         
                 9).  We REMAND this application to the examiner to make this                                                                           
                 patent of record and to consider the patentability of                                                                                  
                 appellants’ claimed subject matter in light of this patent and                                                                         
                 other known prior art.                                                                                                                 


                          In summary, this panel of the board has reversed the                                                                          


                          4    A copy of this patent is appended to this decision.                                                                      
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