Ex Parte Wenning et al - Page 5




          Appeal No. 2004-1333                                                         
          Application 09/969,190                                                       


          for refrigeration purposes, said housing/container comprising a              
          shaped, thermoplastic, substantially gas and water impermeable               
          outer cladding on the outer surfaces of the container, and a                 
          shaped, thermoplastic, substantially gas and water impermeable               
          inner cladding on the inner surfaces of the container, each of               
          said claddings being a portion of the plastic film envelope or               
          bag (115) used in forming the thermally insulated                            
          housing/container (90), said inner and outer claddings forming a             
          substantially vacuum-tight interspace therebetween, and an                   
          evacuated thermal insulation (92) filling said interspace.                   


          As can be readily seen in Figures 5-9 of Wynne, and                          
          discerned from the disclosure thereof at pages 5-6, the inner and            
          outer claddings are clearly “shaped” during the formation of                 
          housing/container (90) as portions of the plastic film bag (115)             
          are sucked or pulled down into the open end of the foam box (92)             
          and against the outer walls of the box and into grooves (96)                 
          formed in the walls of the box. Appellants’ line of argument on              
          page 8 of the brief appears to address pre-forming or pre-shaping            
          of the inner and outer cladding panels to provide a degree of                
          form stiffness and stability to such panels prior to assembly of             
          the refrigeration housing or appliance, however, the broad                   
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