Appeal No. 98-1022
Application 08/380,796
Sigler et al. (Sigler) 4,819,279 Apr. 11, 1989
Claims 27, 29-31, 37-39 and 42 stand rejected under 35
U.S.C. § 103 as being unpatentable over Sigler.
Sigler discloses a low volume human waste handling system
comprising a vacuum tank 15 (Figures 12-14) of blow molded
plastic (column 9, lines 32-33). As can be seen in Figures
12-14, the tank 15 is circular in cross section and elongated
in the dimension 88, with end walls joined to the curved side
wall by rounded transition portions. In addition, the end
walls are penetrated by first, second and third ports 91-93.
The tank also may be provided with an optional fourth port 94.
The examiner concedes that Sigler does not disclose that the
tank has flat walls, with said flat walls having no continuous
flat surface of greater than about 80 square inches in area,
as called for in each of the independent claims.
Nevertheless, the examiner has taken the position that
[t]he claimed shape . . . of the vacuum tank walls
is of no patentable significance since such are
merely choices in design resulting in no new and/or
unexpected results. It is well within the realm of
the ordinary artisan to adjust the size, capacity,
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