Appeal 2006-2035
Application 09/923,936
The Appellants do not argue the claims separately (Br. 5-7). We
therefore limit our discussion to the sole independent claim, i.e., claim 1.
See 37 C.F.R. § 41.37(c)(1)(vii)(2004).
Hawthorne discloses a vessel for transporting or storing liquids or
fluidisable solids having a specific gravity less than that of sea water (col. 1,
ll. 11-13). “[T]he vessel comprises a closed tube of flexible material, such
as a natural or synthetic rubber impregnated fabric, which has a streamlined
nose adapted to be connected to towing means, and one or more pipes
communicating with the interior of the vessel and such as to permit filling
and emptying of the vessel” (col. 1, ll. 20-26). The fabric can be proofed
with butadiene elastomer, fluorosilicates, and cold setting resins (col. 1,
ll. 66-68). “The buoyancy is supplied by the liquid contents of the vessel
and its shape depends on the degree to which it is filled” (col. 1, ll. 30-33).
McCullough discloses a buoyant, open-celled fibrous structure for
insulation and/or floatation comprising a batting, felt or non-woven web of
resilient shape formed from elongatable, non-linear carbonaceous fibers
(col. 2, ll. 19-24; col. 3, l. 58 – col. 4, l. 5). “The fibrous structure is coated
with a water insoluble hydrophobic substance” (col. 2, ll. 25-27). The
coating material “may consist of any light weight water insoluble settable or
curable substance that can be deposited so as to adhere to the fibers or
filaments. Suitable substances include high molecular weight waxes,
haloaliphatic resins, thermoset and thermoplastic resins, ionomers, silicone
products, polysiloxanes, and the like” (col. 2, l. 64 – col. 3, l. 2).
The Appellants argue that “Hawthorne already teaches the use [of] the
vessel’s contents to provide the necessary buoyancy” (Br. 6). That
disclosure, i.e., “[t]he buoyancy is supplied by the liquid contents of the
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