Ex parte JOHN HARRINGTON - Page 3




          Appeal No. 96-0919                                                          
          Application 08/027,922                                                      


          and a top section with an open aperture, a top in the form of a             
          platform 18 removably connected to the top section so as to                 
          substantially cover the open aperture, a can crusher mounted on             
          the top surface of the platform, and means in the form of an                
          opening 40 in the platform for passing crushed cans through the             
          platform and into the interior recess.  The can crusher consists            
          of a crusher housing 34, a ram 52 and a ram head 50.  In                    
          operation, a can is inserted into the crusher housing and the ram           
          is actuated to move the ram head toward the can so as to crush it           
          against the front wall of the housing.  Upon retraction of the              
          ram head, the crushed can drops by gravity through the opening 40           
          into the receptacle 12.  Deiters teaches that this construction             
          provides for “a minimum of handling [of the cans] . . . and thus            
          a minimum of exposure to the operator.  Such is important when              
          the cans may have contained toxic, caustic, flammable or other              
          dangerous material” (column 3, lines 35 through 39).                        
               Claim 54 recites a receptacle comprising, inter alia,                  
          “means, laterally spaced from said can crusher, for passing                 
          articles through said first top into said interior recess.”  The            
          examiner has found that this “means” is met by Deiters’ opening             
          40 (see page 4 in the answer).  The examiner explains that                  



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Last modified: November 3, 2007