Ex parte MARINO - Page 4




          Appeal No. 97-2625                                                          
          Application No. 08/118,925                                                  


          receptacle below and adjacent the point of the leak of the                  
          tank and (c) engaging the securing means with the tank.                     
               Bartels, the examiner’s primary reference, discloses a                 
          foldable or collapsible pail or container for holding water or              
          other liquids.  The container may take the shape of a                       
          truncated cone (Figs. 1-3) or pyramid (Fig. 4) having a bottom              
          panel 3 and upwardly tapering flexible wall 2 or 2' formed                  
          from a plastic material such as polyvinyl chloride or                       
          polyethylene.  The container includes a pair of handle straps               
          10 for carrying the container and for fastening across the                  
          bottom of the container when the container is in a collapsed                
          condition.  See, Fig. 3 and col. 2, lines 12-15 and 19-24.                  
          Bartels further discloses that                                              
               [w]hen it is desired to use the device it is extended and              
               while it may not have sufficient stability to maintain                 
               its extended position when empty the introduction of a                 
               liquid 15 imparts an outward pressure on the inwardly and              
               upwardly tapering wall 2 to impart a force component                   
               acting to prevent container collapse.  [Col. 2, lines 29-              
               34].                                                                   
               Bartels does not meet the limitation in independent claim              
          1 requiring 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.  Also, Bartels does not teach or              

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