Appeal No. 2006-2036 Page 4
Application No. 10/382,753
height adjusting holes 33 physically prevents the fluid collecting tray 11 from
being adjusted to a position substantially flat on the ground; (2) situating the
collecting tray 11 at ground level, below the elevated opening of the collection
container 17, would effectively prevent the intended fluid collection and retention
operation of the apparatus; and (3) the bottom wall 30 of the collecting tray 11
slopes downwardly to collect the fluids at the low point via gravity so that if the
collecting tray were somehow placed substantially flat on the ground, the Telder
device would not function properly. (Appellant’s Brief, pp. 13-14).
The examiner responds that the entire oil changer apparatus (10) of Telder
anticipates the fluid retaining means of the claimed invention because this oil
changer apparatus is structured and arranged with wheel arms (23) and casters (24)
to be placed substantially flat on the ground in position below the aircraft.
(Examiner’s Answer, p. 6). The examiner makes the same argument for the fluid
retainer of claim 8. (Examiner’s Answer, p. 8).
We disagree with the examiner’s application of Telder to the claims. Telder
describes the oil changer (10) as comprising a collecting tray (11), a vertical stand
(21), wheel arms (23) and casters (24). (Telder, col. 3, lines 4-6). Of these
components, it is only the collecting tray (11) of Telder that retains the fluids
discharged from the aircraft in the fluid capture system. Further, it is the collecting
tray (11) that has the fluid damming means (claim 1), fluid dam (claim 8), contour
means (claim 1) and contour (claim 8) as recited in the claims. We fail to see how
the vertical stand, wheel arms and casters form part of the fluid retaining means
(claim 1) or fluid retainer (claim 8).
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