Appeal No. 2002-0998
Application 09/296,139
workable ranges by routine experimentation’” (final rejection
pages 2-3), citing In re Aller, 220 F.2d 454, 456, 105 USPQ 233,
235 (CCPA 1955).
Sabo discloses a ribbed storage tank (10) constructed of
polyethylene and used for wastewater storage or as a temporary
holding tank for runoff from drainage systems. The tank includes
a floor insert (56) to which is mounted a pump (64) and piping
(66). A cover (76) is secured to the top of tank (10), “thus
sealing the tank and securing the contents” (col. 3, lines 43-
44). Sabo says nothing about being a vacuum waste tank or being
used in a vacuum waste drainage system, and does not appear to
have a vacuum intake formed in the chamber as required in claims
1 and 9 on appeal, which vacuum intake is expressly set forth in
claim 1 as being adapted for fluid communication with the vacuum
source mentioned in the preamble of claim 1.
As for McGouran, this patent discloses a containment system
useful for storing materials such as gasoline, wherein there is a
primary storage container (18) enclosed by a secondary
containment vessel (12) constructed of polymer concrete and
including a base section (14) and a removable cover panel (16).
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