Appeal No. 1998-1431 Page 7
Application No. 08/665,162
to the sidewall of the device to retain the
interior compartment while the device lies
on the sidewall and also to facilitate
removing the cord out of the compartment.
[examiner’s answer at page 5]
We do not agree. Rosenbloom discloses:
The construction employing hoop members 23
and 24 along with a plurality of vertical
stiffening members 25 permits the portion
of container body 20 between hoop members
23 and 24 to maintain an upstanding
position 26 as shown in FIG. 2 while the
nonstiffened portion 26 collapses upon
itself when there is nothing to hold it in
its upstanding position as shown in FIG. 1.
(Col. 3, lines 34 to 40).
The hoop members 23 and 24 of Rosenbloom are utilized to help
maintain the container in an upright position, not to retain
the interior compartment while the device lies on the
sidewall. McBride likewise does not disclose that it is
desirable to lie the bag on its sidewall. In addition, it is
not necessary to include the hoop members of Rosenbloom to
maintain the McBride bag in the upright position as McBride
includes a base portion 14 which is sturdy enough to support
the device (Col. 4, lines 1 to 3; Figure 1).
Moreover, Rosenbloom discloses that the hoop members 23
and 24 are utilized along with stiffening members 25 (col. 3,
lines 13-17). As such, Rosenbloom would have suggested to a
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