Ex parte MCATARIAN - Page 3




                 Appeal No. 1998-0030                                                                                     Page 3                        
                 Application No. 08/151,960                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a land-based spill-                                                                      
                 containment tank for receiving spilled liquids.  An                                                                                    
                 understanding of the invention can be derived from a reading                                                                           
                 of exemplary claim 1, which appears in the appendix to the                                                                             
                 appellant's brief.                                                                                                                     


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Frost                                        2,150,620                                             Mar. 14,                            
                 1939                                                                                                                                   
                 Van Romer                                             5,316,175                                             May                        
                 31, 19942                                                                                                                              



                          Claims 1 to 3, 8 and 9 stand rejected under 35 U.S.C. §                                                                       
                 103 as being unpatentable over Van Romer in view of Frost.                                                                             


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellant regarding the above-noted                                                                            


                          2The effective filing date of this patent is November 5,                                                                      
                 1992.  Accordingly, this patent is prior art under 35 U.S.C.                                                                           
                 § 102(e).                                                                                                                              







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