Appeal No. 1998-2065
Application 08/713,788
upper end and an elastic loop 20 within the channel. The
folded-over channel may be slotted as at 22 to allow access to
the elastic loop whereby it can be utilized to tie the bag
closed. In a second embodiment (see Figures 5 and 6), the bag
110 includes two folded-over channels 160, 161, a string tie
30 within one channel and a separate elastic loop 200 within
the other channel.
As indicated above, the examiner concedes that Samuel
does not meet the limitations in claim 1 requiring the claimed
garbage bag to comprise a fibrous material connected to and
surrounding the elastic element and disposed between the
elastic element and the garbage bag forming the loop space.
According to the appellants’ specification, the fibrous
material “enhances the strength/elongation characteristics of
the elastic loop element (to ensure good support of the bag
end relative to the trash/garbage can), and/or reduces
friction relative to the bag and/or provides at least a
portion which is graspable by the user, for cinching or tying
the bag end” (page 4; also see page 7). The Samuel trash bag
does not have any such fibrous material, a deficiency which
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