Appeal No. 2002-0998
Application 09/296,139
Leak detectors (20) are provided in the open space between the
primary storage tank (18) and the containment vessel. McGouran
notes that a seal or gasket (27) is provided between the
removable cover panel (16) and the base of the containment vessel
to provide a substantially fluid/air-tight seal (col. 4, lines
35-40). However, like Sabo, McGouran says nothing about being a
vacuum waste tank or being used in a vacuum waste drainage system
and clearly has no vacuum intake like that set forth in claims 1
and 9 on appeal.
Having reviewed the patents to Sabo and McGouran, we share
appellants’ view (brief, pages 5-10) that there is no motivation
or suggestion in the combined teachings of the applied references
for modifying the wastewater tank of Sabo in the manner urged by
the examiner. More particularly, we agree with appellants that,
absent hindsight gained from first having read appellants’
disclosure and claims, there would be no motivation for modifying
the Sabo tank to have an air-tight chamber or for use under
vacuum conditions of 10 to 25 inches Hg by forming the tank of a
thermoplastic material having a flexural modulus of at least
175,000 psi and a wall thickness of at least 0.4 inches.
8
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