Appeal No. 2005-1411 Page 4
Application No. 10/340,772
Ewald discloses a plastic tank adapted for assembly in the field from flexible
sheet material S. According to Ewald, the sheet is cut to whatever size is required to
form bottom and side walls of desired length, width and height. The sheet S is ordinarily
cut from flat stock which may, prior to the assembly of the “U” shape of the tank 10, be
rolled into a cylinder of relatively small diameter for storage and/or transport. The tank
10 also has end walls 14 which are formed of additional sheets SN of plastic material
whose side and bottom edges are secured to the ends of the side and bottom walls of
the bent sheet at flanges 15 by fasteners 16. Sheet S is maintained in its bent shape by
means of struts 18 which are spaced along both sides of the tank. Angles 24 extend
along the upper edge of each side wall from one end to the other of the tank, with the
rigid side flange 26 of each angle reinforcing the span of the side wall between the
adjacent struts 18 so as to prevent it from bowing outwardly under the pressure of the
contents of the tank. Each strut 18 is also preferably secured to its adjacent angle by
means of metal fasteners 28 extending through holes in recessed portion 27 of the
upper end of the inner wall 19 of each strut and into the depending side flange 26 of the
angle 24.
The appellant argues, on pages 10 and 12 of the brief, that Ewald’s tank does
not anticipate claim 1 because it is not “self-supporting in water and in land,”
presumably because Ewald discloses struts 18 and angles 24 for reinforcing the tank
and maintaining the sheet S in its bent shape. This argument is not persuasive
because claim 1, which includes the open-ended preambular transitional language
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