Appeal No. 2006-1255
Application No. 10/655,076
Rejection of claims 1, 2 and 7-17 under
35 U.S.C. § 103 over Van Romer ‘588
in view of Kellogg ‘188 and Kellogg ‘924
Van Romer ‘588 discloses a single-compartment, portable
containment device for hazardous chemicals such as agricultural
chemicals and the like, having upstanding walls braced with
flexible straps such that the walls can collapse when run over by
a vehicle (col. 3, lines 17-48).
The examiner’s rationale (answer, pages 7-8) for this
rejection is similar to that set forth with respect to the
rejection over Van Romer ‘233 in view of the Kellogg references,
and is unpersuasive for the reasons given above regarding that
rejection.
DECISION
The rejection of claim 17 under 35 U.S.C. § 112, second
paragraph, is affirmed. The rejections of claim 16 under
35 U.S.C. § 112, first paragraph, written description
requirement, claims 1, 7, 14 and 15 under 35 U.S.C. § 102(b) over
Kellogg ‘188 or Kellogg ‘924, claims 1-8 and 13-17 under
35 U.S.C. § 103 over Van Romer ‘233 in view of Kellogg ‘188 and
Kellogg ‘924, claims 1, 2 and 7-17 under 35 U.S.C. § 103 over
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