Ex parte MARINO - Page 2




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


               The appellant's invention relates to a collapsible spill               
          containment receptacle for use with storage and transport                   
          tanks (claims 1 through 12) and to a method for containing a                
          spill from a tank (claims 13 and 14).  An understanding of the              
          invention can be derived from a reading of exemplary claims 1               
          and 13 which appear in the appendix to appellant's brief.                   
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Bartels                     2,754,869               Jul. 17, 1956           
          Malloy                      4,201,307               May   6, 1980           
          Van Romer et al.            5,090,588               Feb. 25, 1992           
          (Van Romer)                                                                 
                        The following rejection is before us for review:             
               Claims 1 through 14 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Bartels in view of Van Romer and                 
          Malloy.                                                                     
               Reference is made to the appellant's brief (Paper No. 19)              
          and to the examiner's answer (Paper No. 20) for the respective              
          positions of the appellant and the examiner with regard to the              
          merits of this rejection.                                                   


                                       OPINION                                        


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