Appeal No. 1998-1357
Application No. 08/348,744
Lindquist shows an above ground storage tank 2 having a steel
inner tank 4 entombed within a concrete outer shell 8. The
storage tank 2 is formed by erecting side wall form 51
comprised of a pair of wall forms 48, 50 on a base plate 44,
which creates an open top enclosure or form assembly 42. A
layer of concrete 56 is poured onto the base plate 44 and the
inner tank 4 is lowered onto the layer of concrete. Concrete
is poured in the enclosure to entomb the inner tank while the
bottom layer is still wet. After the concrete cures, the wall
forms 48, 50 and base plate 44 are removed from the tank 2
created within the form assembly 42. In its final form,
storage tank 2 is comprised of inner steel tank 4 and outer
concrete shell 8. Appellants argue that each of the rejected
claims "recite an inner tank, an outer shell and an insulating
layer between the inner tank and outer shell. Lindquist et
al. do not provide the claimed outer shell" (brief, page 16).
We agree. In this regard, the examiner has interpreted the
Lindquist reference as showing an inner tank
#4, an insulating material #120, and an outer shell #42
(answer, page 8).
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