Appeal No. 1998-0910
Application No. 08/454,596
rejection under 35 U.S.C. § 112, second paragraph, is not well
founded and must be reversed.
The obviousness issue
We reverse the rejection of claims 1 and 2 under 35
U.S.C.
§ 103 as being unpatentable over Burns in view of Ushitora and
Oldfelt. It follows that the rejection of claims 3 through 8
is likewise reversed since these claims stand or fall with
claims 1 and 2 as earlier indicated.
Claim 1 is drawn to an above-ground sewage removal system
for a low water use toilet within a building comprising, inter
alia, an above-ground transfer tank, a holding tank above-
ground and remote from the transfer tank, a sewage discharge
pipe extending between the transfer tank and the holding tank,
the sewage discharge pipe rising to a point which is
significantly above the fluid level in each of the transfer
and holding tanks, a vent pipe for the interior of the holding
tank and a blower associated with the vent pipe to create a
sufficient vacuum within the holding tank when activated to
7
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