Appeal No. 97-2713
Application 08/373,069
pontoon hulls 16 with a fuel chamber and also to provide
Barkley’s watercraft with a directional control rudder
(presumably if it concluded that Barkley does not implicitly
disclose a rudder).
With respect to claim 3, Douglas teaches the concept of
providing a fuel tank in the supporting torpedo-shaped hull
for the self-evident purpose of locating the fuel tank near
the watercraft’s engine and also for conveniently utilizing
the available hollow storage space in the hull. Such a
teaching would have been ample motivation for providing at
least one of Barkley’s torpedo-shaped hulls 16, which carries
the engine driven propeller 26, with a fuel tank.
With regard to appellant’s arguments on page 13 of the
brief, the Douglas patent falls squarely within appellant’s
field of endeavor, namely watercraft. This reference,
therefore, is properly taken into account in evaluating the
patentability of the claimed subject matter under § 103. See
In re Clay, 966 F.2d 656, 658, 23 USPQ2d 1058, 1060 (Fed. Cir.
1992).
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