Appeal No. 2001-0314
Application No. 09/102,677
and a flexible plastic container having side and end walls,
with the top cover panel having four lateral perimetrical edges
which are overlapped and positioned below the upper edges of
the container walls when the walls are pulled snugly against
the vehicle. The examiner’s reliance on Tall, Lohse and Chiang
to cure these deficiencies is not well taken.
Tall discloses a removable protective cover 10 sized and
shaped to enclose the cowling of a snowmobile to prevent snow
from accumulating in the engine compartment. Lohse discloses a
flexible, tube-like covering for storing military equipment,
armored cars, vehicles and the like, with the covering having a
plurality of loops 26 for temporary cooperation with means for
lifting the covering into a deployment configuration. Chiang
discloses a protective modular car cover 10 comprising a cab
covering member 12 and a skirt 14. In proposing to combine
these references with Battle to reject the appealed claims (see
pages 5 and 6 in the answer), the examiner concludes that it
would have been obvious to one of ordinary skill in the art to
modify Battle’s flood protection container by (1) reducing the
height of its walls in view of Tall to lower costs, (2) adding
fore and aft tether means in view of Lohse to permit securement
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