Appeal No. 2000-0053
Application 08/829,863
porous, permeable sedimentary rock of a subterranean
formation, is not reasonably pertinent to the problem
addressed by Clay, which is eliminating storage tank dead
volume to prevent product contamination and loss of stored
product. See Clay, 966 F.2d at 659-60, 23 USPQ2d at 1061.
The same differences between the fields of endeavor of
Sydansk and Clay exist between the fields of endeavor of
Sydansk and the appellants.
The primary problems addressed by Clay are loss of
product to a storage tank’s dead volume between the outlet and
the bottom of the tank, and contamination of the product by
contaminants settled in this dead volume (col. 1, lines 54-
61). The problem addressed by Sydansk is as dissimilar to the
problem addressed by the appellants, which is leakage from the
bottom of a hydrocarbon storage tank caused by corrosion or
pitting damage (specification, page 1, lines 16-18), as it is
to the storage tank dead space problem addressed by Clay.
Moreover, Clay addresses another problem, not discussed by the
court, which is solved by his process, namely, leakage from a
hydrocarbon storage tank caused by rust or corrosion (col. 2,
lines 13-17). This is the problem addressed by the
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