Ex parte MARINO - Page 5




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


          suggest a method for containing a spill from a tank as recited              
          in independent claim 13.                                                    
               Van Romer discloses a portable containment device (10)                 
          for containing spilled hazardous chemicals such as                          
          agricultural chemicals and preventing ground water                          
          contamination (col. 1, lines 3-6).  The containment device                  
          includes a floor (12) and integral side walls (16, 18, 20, 22)              
          extending vertically from the floor.  Resilient side braces                 
          (A), bracing straps (B), and compressible top braces (C),                   
          maintain the side walls in an upright position while allowing               
          the walls to collapse when a wheeled vehicle or aircraft (13)               
          is rolled onto and off of the containment in the field.  A                  
          perimetric flap (56) is carried by the floor and extends                    
          outwardly away from the side walls for allowing the device to               
          be fastened to a ground surface such as by using stakes (60).               
          See, Abstract and col. 2, lines 22-50 and col. 4, lines 15-18.              
               Malloy discloses a receptacle (20) for collecting oil                  
          drippings from the underside of an inboard engine of a boat                 
          comprising a rectangular sheet (24) of semirigid plastic                    
          material having a plurality of hinge lines (32, 34) formed by               



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