Appeal No. 1998-1357
Application No. 08/348,744
storage tank, wherein the storage tank is formed by providing
an outer metal shell, an inner tank placed within and spaced
from the outer shell via spacers or supports placed between
the inner tank and the outer shell, and insulating material
placed within and filling the space between the inner tank and
outer shell. The Searle patent shows a burial vault comprised
of an outer metal shell or mold box 1, a metal casket 2 or
inner tank placed within the outer shell and spaced therefrom
by supports or spacers 3, and insulating material comprising
cement or concrete poured into and filling the space between
the outer shell and casket. The examiner reasoned that:
[i]t would have been obvious to one of ordinary
skill in the art to have employed the spacer and on
site filling teachings set forth in Searle in the
construction of the device of Lindquist, et. al.,
motivated by the secure spacing and ease of
transport achieved by such construction (answer,
page 7).
We do not agree. Since, at the outset, Lindquist fails
to show a storage tank comprised of three parts (i.e., an
inner tank, an outer shell, and a space between the inner tank
and outer shell filled with insulating material), like
appellants (brief, pages 37-39), we see no teaching,
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