Appeal No. 98-1428
Application No. 08/590,388
OPINION
In reaching our decision in this appeal, we have given
careful consideration to appellant’s specification and claims,
to the applied prior art references, and to the respective
positions articulated by appellant and the examiner. As a
consequence of our review we have reached the determinations
which follow.
Looking to the examiner's prior art rejection of appealed
claims 1 through 9 under 35 U.S.C. § 103 as being unpatentable
over Metcalf in view of Meroney, we note that both of these
patents disclose a waste receptacle liner and method of use
wherein a frame structure is associated with the liner as a
means for holding the liner to the top portion of the waste
receptacle. In Metcalf, the frame structure is a separate
member that fits over and around the outside of the liner (4)
after the liner has been inserted into a trash receptacle (2)
and has had a top portion thereof folded over the top edge of
the receptacle, as seen, for example, in Figures 2, 7 and 8.
The frame structure (e.g., Figs. 3-6) includes downwardly
depending grasping fingers (14) directed toward the interior
4
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