Appeal No. 2003-0771
Application No. 09/031,666
. . . . Each tank 36 and 37 has a separate pump 36a, 37a for
pumping fluid therefrom, the pumps being accessible from the crew
compartment 14.”2
In support of the rejection of claims 1-23 under 35 U.S.C.
§ 103(a), the examiner concedes (answer, page 4) that Krynytzky
does not disclose (1) a conveying pipeline having an inside
diameter of at least about six inches, (2) a throughput capacity
for the pipeline of at least about 3,000 gallons per minute, (3)
a boom arm comprising at least three boom sections, and (4) pump
means supported by the vehicle chassis. In addition, since
Krynytzky is silent as to the pump capacity of the “pumper”
mentioned in passing at column 6, lines 67-68, it is also clear
that Krynytzky does not disclose (5) any of the specific pump
characteristics called for in the appealed claims.3 To account
2Figure 2 of Thorton-Trump contains an obvious error in that
the reference numerals 36 and 37 appear twice. Consistent with
column 3, lines 48-56, of the specification, it reasonably
appears that the dashed line rectangular objects denominated
36 and 37 within work space 23 of crew compartment 14 should be
labeled 36a and 37a, respectively.
3For example, independent claim 1 calls for a pump means for
pumping the quenching agent to the nozzle “at a turbulent flow
rate of at least about 3,000 gallons per minute when a pump
discharge pressure is 150 pounds per square inch,” independent
claim 13 calls for a pump means for delivering the quenching
agent to the proximal end of the conveying pipeline at a pump
discharge pressure and flow rate “which generates a turbulent
6
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