Appeal No. 2001-0205 Page 3
Application No. 08/692,016
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence of
our review, we make the determinations which follow.
The appellant’s invention comprises a trash bag having at least one knot in the
edge thereof and a hollow frame for holding the bag open and facilitating filling it with
debris. The frame has sidewalls having at least one hole therethrough, with each of the
holes having a longitudinal slit extending from the hole. The knots in the bag are passed
through the holes and the bag is secured in the slits.
The Examiner’s Standing Rejections
As explained below, we find serious problems in the claims with regard to
35 U.S.C. § 112, first and second paragraphs, and we have entered new rejections in this
regard. However, there are ample reasons to reverse the examiner’s rejections on the
basis of the applied prior art without considering those portions of the claims with which we
take issue under Section 112, and in the interest of judicial economy we shall dispose of
these matters.
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