Ex parte STARR - Page 2




            Appeal No. 98-2446                                                                         
            Application 08/593,070                                                                     


            Appellant’s invention is directed to a cover for use on a                                  
            standard open head container or drum used in the waste                                     
            industry to contain and store potentially hazardous waste                                  
            materials, such as waste oil.  As noted on pages 1 and 2, and                              
            pages 5 and 6, of the specification, such standard open head                               
            containers are typically 55 gallon or 30 gallon drums, which                               
            drums would normally have a flat cover of substantially the                                
            same diameter as the drum sealably secured to the open end of                              
            the drum.  Typically, the cover is secured to the drum by                                  
            means of a bolt ring similar to that seen in Figure 6 of the                               
            application drawings.  The cover of the present invention,                                 
            best seen in Figures 1 through 5 of the application drawings,                              
            is a replacement for the typical flat drum cover described                                 
            above.  Independent claim 1 is representative of the subject                               
            matter on appeal and a copy of that claim may be found in                                  
            Appendix I of appellant’s brief.2                                                          


                  2 Given our understanding of appellant’s invention as noted above, we                
            understand the “cover” in line 6 of claim 1 as being the flat cover which                  
            would normally be used on a standard open head container of the type mentioned             
            in claim 1 on appeal, and that such a flat cover is to be replaced with the                
            cover described and claimed in the present application. It would be prudent                
            for appellant and the examiner to clarify this minor informality during any                
            further prosecution of the application subsequent to this appeal.                          

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