Ex parte HENGL - Page 2




          Appeal No. 97-4406                                                          
          Application No. 08/436,255                                                  


          been indicated as containing allowable subject matter and stand             
          objected to as depending from a rejected claim (Paper No. 7).               
               The appellant's invention is directed to a device for the              
          recovery and storage of waste.  The subject matter before us on             
          appeal is illustrated by reference to claim 1, which has been               
          reproduced in an appendix to the Brief.                                     


                                    THE REJECTION                                     
               Claims 1, 2, 14, 15 and 26 stand rejected under 35 U.S.C.              
          § 112, first paragraph, as being based upon a specification that            
          fails to enable one of ordinary skill in the art the make and use           
          the invention.                                                              
               The rejection is explained in the Examiner's Answer.                   
               The opposing viewpoints of the appellant are set forth in              
          the Brief.                                                                  


                                       OPINION                                        
               The appellant’s invention relates to an apparatus for the              
          recovery and storage of waste in situations like water closets              
          and hospital waste.  As we understand the invention from the                
          original disclosure, at least one sheath arranged around a waste-           
          receiving receptacle is fed therethrough in an invaginating                 

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