Ex Parte Bolzer et al - Page 2



          Appeal No. 2006-0104                                                2                             
          Application No. 10/055,440                                                                        

          Appellants’ invention relates to subterranean tanks for                                           
          receiving sewage or serving as a cistern for holding water, which                                 
          tanks are rotationally molded of synthetic resin material.  As                                    
          further noted on page 1 of the specification:                                                     
               More particularly, the present invention is concerned                                        
               with a tank of the foregoing type provided with                                              
               parabolic wall construction and a portal arrangement                                         
               for accommodating a uniquely and complementally                                              
               configured cover or a synthetic resin riser which is                                         
               constructed in such a manner that it may trimmed in                                          
               multiple locations along its axial length while                                              
               retaining wall strength and the ability to couple to                                         
               the tank and receive a cover thereon.                                                        
          Claim 1, the sole independent claim on appeal, is                                                 
          representative of the subject matter before us on appeal and a                                    
          copy of that claim can be found in the “Claims Appendix” attached                                 
          to appellants’ brief.                                                                             

          The prior art references relied upon by the examiner in                                           
          rejecting the appealed claims are:                                                                
          Wittenberg    2,218,188   Oct. 15, 1940                                                           
          Hall      4,187,647   Feb. 12, 1980                                                               
          Seizert et al. (Seizert)  5,207,463   May   4, 1993                                               
          Jones et al. (Jones)  5,525,007   Jun. 11, 1996                                                   
          AK Industries, Inc., “The Best Around Underground”, pages 1-16,                                   
          (hereinafter AKI).                                                                                














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