Appeal No. 2003-0673
Application 09/795,307
a plurality of recycle bins for different recyclable
materials, one of said bins being mounted in each of said
plurality of holding frame portions,
each of said recycle bins having sides that engage the sides
of the holding frame portion in which mounted which the sides of
the recycle bin being configured to complement the inwardly and
downwardly slanted side of the holding frame portion,
a plurality of rollable members mounted to the frame of said
cart, and
a handle mounted to said frame and extending upwardly from
the frame of the cart.
THE PRIOR ART
The references relied on by the examiner to support the
rejections on appeal are:
O’Malley 4,984,704 Jan. 15, 1991
Weck et al. (Weck) 6,224,072 May 1, 2001
THE REJECTIONS
Claim 8 stands rejected under 35 U.S.C. § 102(b) as being
anticipated by O’Malley.
Claims 5 through 7 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over O’Malley in view of Weck.
Attention is directed to the brief (Paper No. 9) and answer
(Paper No. 11) for the respective positions of the appellant and
examiner regarding the merits of these rejections.1
1 In the final rejection (Paper No. 7), claims 5 and 8 also
stood rejected under 35 U.S.C. § 102(b) as being anticipated by
U.S. Patent No. 4,357,029 to Marini et al. Upon reconsideration,
the examiner has since withdrawn this rejection (see page 5 in
the answer).
2
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