Ex parte JOHN HARRINGTON - Page 5




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


          is predicated on this erroneous determination, it too is flawed.            
          Reasonably construed, Deiters’ opening 40 is beneath its                    
          associated can crusher, and is not laterally spaced therefrom.              
          Thus, the opening 40 does not meet the recitation in claim 54 of            
          “means, laterally spaced from said can crusher, for passing                 
          articles through said first top into said interior recess.”                 
          Moreover, since minimizing the handling of cans is a principle              
          object of the Deiters construction, one of ordinary skill in the            
          art would not have found it obvious to laterally space the                  
          opening from the can crusher.  Thus, Deiters does not teach, and            
          would not have suggested, a receptacle as recited in claim 54.              



















                                          5                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007