Ex parte HALL et al. - Page 12




          Appeal No. 1998-1357                                                        
          Application No. 08/348,744                                                  


          having an inner tank, an outer shell and insulating material                
          located between the inner tank and the outer shell, and we see              
          no incentive or motivation in the teachings of Lindquist, to                
          provide such a three-part or three-layer storage tank.  We,                 
          therefore, will not sustain the examiner's rejection of claims              
          109, 110, 114, 118,                                                         
          122, 126, 128, 132, 138 and 139 under 35 U.S.C. § 103(a) as                 
          being unpatentable over Lindquist.                                          


               Next, we turn to the examiner's rejection of claims 123,               
          135, 137 and 140 under 35 U.S.C. § 103(a) as being                          
          unpatentable over Lindquist in view of Kettlewell.  The patent              
          to Kettlewell shows a heated body, such as a tank, furnace or               
          boiler comprised of a cylindrical metal body 10, a casing 11                
          constructed around the body 10 and secured in spaced relation               
          thereto.  An insulating space 12 is located between body 10                 
          and casing 11 into which a quantity of loose expanded mica 13               
          is poured for insulation.  The examiner's basic position is                 
          that it would have been obvious to one of ordinary skill in                 
          the art to have employed the inner cylindrical tank teaching                
          of Kettlewell in the construction of the storage tank of                    
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