Appeal 2006-2384
Application 10/003,037
placing a covering system over the body, the covering system
comprising:
a first membrane having an outer edge and a width;
a first flotation member coupled to the first membrane, wherein
the first flotation member includes a first float and a first
float compartment membrane, the first float has a width
that is not more than twenty-five percent of the width of
the first membrane and a first float compartment
membrane, and the first float compartment membrane is
coupled to the first membrane;
elevating portions of the first membrane above the body; and
positioning the covering system to allow gas from the body to vent
directly to atmosphere around the outer edge of the first
membrane.
The Examiner relies on the following prior art references to show
unpatentability:
Wilson US 4,438,863 Mar. 27, 1984
Gerber US 4,503,988 Mar. 12, 1985
Gagle US 4,678,375 Jul. 7, 1987
Morgan US 5,562,759 Oct. 8, 1996
Reference designated “C1,” Proposals for Pond Membrane, November 8,
1984.
Reference designated “C2,” Color copy of Lemma brochure published more
than one year prior to the filing date (see Exhibit 6 of the evidence appendix
accompanying the Brief; Information Disclosure Statement of Feb. 6, 2004).
Reference designated “C4,” Depiction of structure in public use more than
one year prior to the filing date (see Exhibit 5 of the evidence appendix
accompanying the Brief; Information Disclosure Statement of Feb. 6, 2004).
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