Ex parte MCKIERNAN et al. - Page 2




          Appeal No. 2000-1230                                                        
          Application No. 08/717,904                                                  


               The claims on appeal are drawn to a boat assembly (claims              
          1 to 3, 12 and 13) and a sewage holding tank (claims 14, 15                 
          and 21), and are reproduced in the appendix of appellants’                  
          brief.                                                                      
               Appellants disclose that in a conventional sewage                      
          assembly for a boat, as illustrated in Fig. 1, it has been                  
          recognized that pumping out the sewage holding tank 17, which               
          is typically made of plastic, for a period of time after the                
          tank has emptied can result in damage to the tank, or                       
          implosion (page 1, lines                                                    
          5 to 17).  Appellants’ invention solves this problem by                     
          providing a vacuum relief means 40 on the tank, preferably in               
          the form of a vent check valve.  Two embodiments of such a                  
          valve are disclosed, of which appellants elected the                        
          embodiment of Figs. 4 to 7 for prosecution in response to the               
          examiner’s requirement for an election of species (Paper No.                
          4).                                                                         
               The prior art applied in the final rejection is:                       
          Kinsey                   1,164,098                     Dec. 14,             
          1915                                                                        


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