Appeal 2006-2384
Application 10/003,037
4. The opening between the adjacent casings is between
membranes, not “within” a membrane (C2, figure on p. 2).
5. To anchor the cover of C4, the cover is either placed down in an
anchor trench (about 3 feet deep covered with earth) or is
battened to the top of a concrete ringwall. Venting is neither
discussed nor depicted.
6. Wilson describes a gas venting cover including membrane 10 and
upper and lower flotation blocks 22. Each block is encased by an
outer cover or sleeve 28. Sets of blocks define passages 26
through which gas may pass into passage 32 (Wilson, col. 3, ll.
26-48; col. 4, ll. 5-10; Fig. 4).
7. Wilson suggests including vent openings 66 in the portion of the
cover between the outer edge and the sump 16 as shown in
Figure 2 (Wilson, col. 5, ll. 26-32; Fig. 2).
8. The outer edges of the cover 10 are “attached in fluid-tight
relationship to the upper part of the container 12.” (Wilson, col.
3, ll. 21-25).
9. Morgan describes a gas collection system with casings similar to
those of C2. Gas may escape between casings as in C2.
C. Principles of Law
The examiner bears the initial burden of presenting a prima facie case
of obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992). In order to establish a prima facie case of obviousness, the
examiner must show that each and every limitation of the claim is described
or suggested by the prior art or would have been obvious based on the
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