Appeal No. 1999-2845 Page 8
Application No. 08/495,471
It is our determination that claim 49 reads on Held and
accordingly claim 49 is anticipated by Held. In that regard,
we read claim 49 on Held as follows: A safety apparatus for
oil tankers and ships for storing and transporting hazardous
material (the receptacle disclosed by Held's Figure 1 is a
safety apparatus clearly capable of the recited intended use
of being for oil tankers and ships for storing and
transporting hazardous material) comprising a container
(Held's tank 1) and glass wool
filling in the container (Held's glass wool filling 8 in the
tank 1).
The argument presented by the appellant in the brief (pp.
9-15) and the reply brief (pp. 1-2) does not convince us that
the subject matter of claim 49 is novel. The appellant is
correct that Held's tank 1 does include partitions 4 defining
individual chambers or cells filled with glass wool 8.
However, we fail to find any limitation in claim 49 (or for
the matter claim 17) that would preclude the claimed container
from having a supporting structure therein (e.g., the
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007