Ex parte GOLDSCHMIDT et al. - Page 5




          Appeal No. 2000-0030                                                        
          Application No. 08/723,451                                                  



          reason to combine Been with Kaump so as to arrive at                        
          appellants’ claimed pollution prevention system as defined in               
          the claims on appeal. More specifically, in our view, even if               
          it would have been obvious to one of ordinary skill in the art              
          to provide the outlet (34) of the solvent collection tank (12)              
          in Been with a valve as seen in the outlet line (38) of Kaump,              
          we see no reason why one of ordinary skill in the art would                 
          have remotely considered providing the waste solvent tank of                
          Been with a second valved outlet connected to a public sewage               
          system, as required in the claims before us on appeal.  Such a              
          modification of the solvent collection tank (12) of Been would              
          be antithetical to the entire teachings of that patent                      
          relating to the safe collection and disposal of corrosive                   
          waste solvents and the need expressed therein to avoid                      
          pollution of the environment.  As for the Kaump patent, even                
          though this reference appears to include all of the basic                   
          structural features of appellants’ claim 1 on appeal, we note               
          that the arrangement and operation of the grate (50) and the                
          overflow (62) therein will provide some flow into the sewer                 
          drain line (60) whenever there is flow of water into the tank               

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