Appeal 2005-0801
Application 09/848,628
9. The second issue before the Board is whether Appellants
have established that the Examiner erred in rejecting claims 8-13 under
35 U.S.C. § 103.
B. FINDINGS OF FACT
The following findings of fact are believed to be supported by a
preponderance of the evidence.
THE INVENTION
1. The invention relates to a wheeled waste cart, which
allows air circulation in through lower vents, up through a hinged perforated
false bottom, and out the top of the cart through a hooded vent in a hinged
lid (U.S. Patent 5,899,468, at Col. 1, ll. 37-42).
2. The invention can be understood by reference to Figures
1 through 6 of the drawings of U.S. Patent 5,899,468, which are reproduced
in Appendix 1 of this opinion.
3. Fig. 1 is a perspective view of the waste cart 20 including
a hollow body 22, an upper end 32, a lid 40, vents 50 near a base 24, vents
52 in the upper end 32, and hooded lid vent 54 in the lid 40, according to the
present invention (Col. 2, ll. 26-46). 2
2 We note that column 2, line 36, states that “[t]he body 22, also includes a
lid 40” whereas the claims all recite that the body and lid are separate parts
of the cart 20. Given that a reasonable artisan could interpret the body and
lid in the figures as “separate parts.” We will treat column 2, line 36, as a
typographical error which should read “The cart 20, also includes a lid 40.”
3
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007