Ex parte STARR - Page 5




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


            consequence of our review, we have made the determinations                                 
            which follow.                                                                              

            Turning first to the examiner's rejection of claims 1                                      
            through 3, 8 and 15 through 17 under 35  U.S.C. § 102(b) as                                
            being anticipated by Seitz or Collier, we must agree with                                  
            appellant (brief, pages 4-6) that both Seitz and Collier fail                              
            to show, disclose or teach a cover for a “standard open head                               
            container” as in appellant’s claim 1 on appeal, wherein the                                
            cover includes,                                                                            




            inter alia, a housing like that set forth in independent claim                             
            1 with                                                                                     
            “a sealing portion of said housing that is sealably                                        
            engageable to the second end of the elongated side                                         
            walls           [of the standard open head container], such                                
            that the               housing passage is removably connected                              
            to the container            body cavity.”                                                  

            Both Seitz and Collier disclose a ring/coaming or housing                                  
            (12 of Seitz, 34 of Collier) that is welded to the body of the                             
            rail car therein and is clearly not removably connected                                    


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