Appeal No. 98-1022
Application 08/380,796
invention is also particularly configured for low
volume configuration. . . . [I]t is made with flat
walls. . . .
Manufacture of the tank 14 with flat walls is
possible because according to the invention it has
been recognized that if the amount of any continuous
(uninterrupted) flat surface is kept at 80 square
inches or less in area there will be no visible
deflection of a one quarter inch wall thickness high
density polypropylene tank.
Thus, the shape and size limitations in question are clearly
disclosed in the appellants’ specification as solving a
particular problem. As such, these claim limitations may not
be dismissed as obvious matters of design choice without
supporting evidence. Compare In re Kuhle, 526 F.2d 553, 555,
188 USPQ 7, 9 (CCPA 1975) (use of particular connection in
lieu of those used in reference held to be obvious matter of
design choice within
the skill in the art where particular connection solves no
stated problem).
The decision of the examiner is reversed.
REVERSED
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