Appeal No. 2001-0314
Application No. 09/102,677
compound, a middle layer 63 of a canvas-like material, and an
inner layer 64 of a flexible rubber-base compound. The
container 10 includes a rectangular floor surface portion 16,
four collapsible side portions 12 through 15 and a drawstring
28 associated with the opening 40 defined by the upper edges of
the side portions. After a vehicle has been driven over the
collapsible side portions and onto the floor surface portion,
the side portions are lifted up around the vehicle and the
opening is gathered via the drawstring
so that the vehicle would then be completely encased
by the multi-layered flood-proof material with a
singular opening located above the vehicle to afford
air entrance and release from the bag when the force
of rising flood waters ensue[s], and possibly avoid
air trapment within the bag which may result in
floating of the entire apparatus [column 2, lines 28
through 34].
As conceded by the examiner (see pages 5 and 6 in the
answer), Battle does not respond to the limitations in
independent claims 8 and 15 requiring the claimed flood
protection apparatus to comprise (1) end and side panels of a
vertical height less than the height of a vehicle to be
protected and (2) fore and aft tether means for securement to a
stationary object, or the limitations in independent claim 5
requiring the claimed apparatus to comprise a top cover panel
4
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