Appeal No. 1998-1357
Application No. 08/348,744
Now we consider the examiner's rejection of claim 110
under 35 U.S.C. § 103(a) as being unpatentable over Johnston.
Appellants’ claim 110 on appeal recites an above ground, three
layer storage tank for gasoline wherein the bottom of the
inner tank is spaced substantially six inches from the bottom
of the outer shell, the side walls of the inner tank are
spaced substantially six inches from the side walls of the
outer shell, and insulating material is disposed within and
fills the space between the inner tank and the outer shell.
As previously discussed, in Johnston we see a tank for storing
liquified gases. The storage tank comprises an outer shell 12
and an inner tank 40 which is spaced from the outer shell by
the combination of spaces 13, 36 and 75. The material which
fills each of spaces 13, 36 and 75 is insulating material
which, in its entirety, fills the space between the inner tank
40 and the outer shell 12. Thus, Johnston shows all of
appellants' claimed subject matter except for the intended use
of the tank (i.e., for storing gasoline), and the
"substantially six inch" space between the inner tank and the
outer shell. In our view, the storage tank of Johnston is
certainly capable of storing gasoline, however, we see no
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