Appeal No. 1998-3425
Application 08/502,977
Appellant’s invention relates to a dispenser for
dispensing single polyethylene bags from a roll of such bags.
More particularly, the claimed subject matter, exemplified by
independent claim 8, addresses the combination of a dispenser
and a roll of polyethylene bags of a specific construction,
which bag construction cooperates with the structure of the
dispenser in a particular manner to enable only a single bag
at a time to be dispensed from the roll of bags. A copy of
independent claim 8 can be found in the Appendix to
appellant’s brief.
The prior art references relied upon by the examiner in
rejecting the appealed claims are:
Gluck 2,507,403 May 9, 1950
Shimasaki 5,097,998 Mar. 24, 1992
Wilfong, Jr. et al. 5,207,368 May 4, 1993
(Wilfong)
Marshall 0427365A2 May 15, 1991
(European Patent Application)
Claims 4 through 9 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which appellant regards as the invention.
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