Ex parte HINKLE et al. - Page 10




               Appeal No. 2000-0503                                                                         Page 10                 
               Application No. 08/902,031                                                                                           


               standing or falling with claim 108, claims 122-131 standing or falling with claim 121 and claims                     
               133-144 standing or falling with claim 132.6                                                                         
                       With respect to each of claims 108, 121 and 132, appellants argue that Toth does not                         
               disclose the recited attachment means which communicates with said support frame and said                            
               tank.  The basis for this argument, in essence, is that Toth does not indicate that the tank itself                  
               is in communication with any of the loads, nor is it used as a conduit to transmit those loads                       
               (brief, page 22).                                                                                                    
                       The limitation at issue in claim 121 is "an attachment means whereby said attachment                         
               means communicates with said support frame and said tank."  Claim 108 is more limited than                           
               claim 121 in that it requires                                                                                        
                       an attachment means whereby said attachment means communicates with said                                     
                       support frame and said tank, transmitting lateral and gravity forces which apply                             
                       pressure to said tank relieving said pressure on said tank by directing said lateral                         
                       and gravity forces into said end frames wherein said directing substantially                                 
                       reduces the localized effect of said lateral and gravity forces on said tank.                                
               As discussed, supra, with regard to claim 83, we interpret the term "communicates" as                                
               requiring no more than connection of the attachment means to the support frame and to the                            
               tank.  Moreover, as also discussed above, the container apparatus of Toth comprises an                               
               attachment means comprised of skirt rings 32, cross supports 25 and sills 23 which connect the                       
               support frame 12 and the vessel, wherein the skirt rings provide for transfer of longitudinal and                    


                       6See Young and Wood.                                                                                         







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