Ex parte HINKLE et al. - Page 2




              Appeal No. 2000-0503                                                                     Page 2                
              Application No. 08/902,031                                                                                     


                                                     BACKGROUND                                                              
                      The appellants' invention relates to container modules for shipping by rail, truck and                 
              ship, and for temporarily storing dry flowable product which is discharged from the container                  
              module under pressure or by gravity (specification, page 1).  An important aspect of the                       
              invention is the means of attaching a tank of the container module to an external support frame.               
              As seen in Figure 1, appellants' tank 5 is supported at its ends from above by hanger members                  
              47 and corner gussets 51.  Elongate tubular members 73 extending longitudinally along each                     
              side of the support frame 3 are welded to the tank to resist downward and outward deflection                   
              of the tank in the center with a fully loaded tank.  While there may be some degree of settling                
              of the tank 5 onto the elongate members 73, the tank is "essentially mostly" suspended by the                  
              hangers 47 (specification, page 10).  Further understanding of the invention can be derived                    
              from a reading of exemplary claim 83, which appears in the appendix to the appellants' brief.                  
                      The prior art references of record relied upon by the examiner in rejecting the appealed               
              claims are:                                                                                                    
              Gerhard                              4,412,626                            Nov. 1, 1983                         
              Toth et al. (Toth)                   5,353,967                            Oct. 11, 1994                        






                      The following rejections are before us for review.                                                     








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