Appeal No. 2003-0992
Application 09/934,026
The problem with which Kuhns’ invention was concerned is that of the buildup of static
electricity on the pallet, which can cause sparks in areas where combustible vapors or gases exist.
In that connection, in column 1, lines 34-45, Kuhns states:
Because plastics in general have a very low electrical
conductivity, they are often used when insulating properties are
desired. However, in a number of applications in which plastics
are used their low conductivity results in a buildup of static
electrical charge. Such static charges can attain significant
voltages, of the order of up to about ½ million volts or so. Clearly,
such charges on plastic shipping pallets are undesirable, because
they can discharge and cause sparks in areas where combustible
vapors or gases exist, and they cause uncomfortable shocks to
personnel unloading or otherwise handling the items carried on
pallets made from plastics.
The appellant here is concerned with the problem of the buildup of static electricity on the
plastic bed liner of a pickup truck used to carry cargo. That buildup of static electricity is
described in the specification as a possible cause of explosions when gas cans are refueled when
resting on the bed liner. Based on the above-quoted portions of Kuhns, we find that the Kuhns
invention is reasonably pertinent to the problem with which the appellant is concerned. Indeed,
the Kuhns invention is very pertinent, since it also seeks to avoid or eliminate static electricity
buildup on a plastic object used to carry or otherwise support a load being transferred. While it
is stated in the appellant’s brief that “[o]ne skilled in the art of bed liners concerned with gas can
explosions would not look to the pallet art for a solution to this problem,” we do not accept mere
attorney argument as evidence. The appellant has not submitted the testimony of anyone with
ordinary skill in the art in connection with that assertion and has not provided any meaningful
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007