Appeal No. 97-2625
Application No. 08/118,925
In reaching our decision in this appeal, we have given
careful consideration to appellant’s specification and claims,
to the applied prior art references, and to the respective
positions articulated by appellant and the examiner. As a
consequence of our review, we have made the determinations
which follow.
Independent claim 1 is directed to a foldable spill
containment receptacle for use with a tank comprising (a) a
flexible and foldable receptacle member defining an enclosure
having (i) a bottom wall, (ii) a side wall extending upwardly
and inwardly from the periphery of the bottom wall to a height
that is less than the width of the bottom wall, (iii) a collar
at about the upper end portion of the side wall and (iv) an
opening adjacent the upper end of the receptacle member which
is of lesser area than the bottom wall and (b) a foldable
means attached to the collar for securing the receptacle
member to a tank.
Independent claim 13 recites a method for containing a
spill from a tank comprising the steps of (a) providing a
flexible and foldable spill containment receptacle having the
features identified in claim 1, above, (b) placing the
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