Appeal No. 1998-1215
Application No. 08/091,039
rejection (2), we do not agree with this position of the
examiner, since Gillican’s tank car is not disclosed as being
for transporting a slurry from which solids may settle, nor is
the agitator of Gillican provided for placing or maintaining
the solids in suspension.
The Morrison and Ewers affidavits each state that at
least as early as 1988 (Morrison) or in 1982 (Ewers) tank
trailers were sold which had an auger mounted within and
extending the length of the tank; the trailers were for
transporting high-solids content liquid materials. According
to Morrison, the auger was "to agitate the liquids and solids
carried in the tank and facilitate removal of materials during
draining of the tank"
(page 2). Ewers states that the auger was "to move the
liquids and solids carried in the tank to the outlet valve for
draining the tank," but "[a]fter operating the system, we
discovered that the auger also agitated or mixed the tank
contents" (page 2).
Since the apparatus disclosed by these references is
basically the same, insofar as relevant to this case, as that
of Gillican, it is not clear what the Morrison and Ewers
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