Ex parte ROMAN - Page 2




                 Appeal No. 2000-1479                                                                                     Page 2                        
                 Application No. 08/915,355                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to an assembly for                                                                          
                 splitting open contents-filled garbage bags, an assembly for                                                                           
                 splitting open cans and bottles-filled garbage bags, an                                                                                
                 assembly for splitting open yard waste-filled garbage bags,                                                                            
                 and a method for splitting open contents-filled garbage bags.                                                                          
                 A copy of the claims under appeal is set forth in the appendix                                                                         
                 to the appellant's brief.                    1                                                                                         


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Davis                                        3,606,058                                             Sep. 20,                            
                 1971                                                                                                                                   
                 Roman                                        5,267,823                                             Dec.  7,                            
                 1993                                                                                                                                   



                          Claims 1 to 3, 5 to 9, 14 to 19 and 23 stand rejected                                                                         
                 under 35 U.S.C. § 102(b) as being anticipated by Roman.                                                                                




                          1In claim 5, it appears to us that the word "rearward"                                                                        
                 should be "forward" for consistency with the specification (p.                                                                         
                 5, lines 27-30) and claims 15 and 18.                                                                                                  







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