Appeal No. 1999-0052
Application 08/660,663
up around the vehicle and the opening is gathered via the
drawstring
so that the vehicle would then be completely encased
by the multi-layered flood-proof material with a
singular opening located above the vehicle to afford
air entrance and release from the bag when the force
of rising flood waters ensue, and possibly avoid air
trapment within the bag which may result in floating
of the entire apparatus [column 2, lines 28 through
34].
As conceded by the examiner (see page 7 in the answer),
Battle does not respond to the limitations in independent
claims 3 and 15 through 17 requiring an anchor means (claim
3), an
anchoring step (claim 15) or a tether means (claims 16 and 17)
for securing the container member to a stationary object. The
examiner’s reliance on Jones to overcome this deficiency is
not well founded.
Jones pertains to “coverings for protecting the surface
of automobiles and more particularly to the means for holding
said coverings in place in resistance to wind forces when the
covered cars are left unattended” (column 1, lines 11 through
15). To this end, Jones discloses hold down devices 24 for
5
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