Appeal No. 2003-0673
Application 09/795,307
As framed by the appellant (see pages 8 and 9 in the brief),
the dispositive issue with respect to the rejection of claim 8 is
whether O’Malley meets the limitations in the claim requiring
each of the holding frame portions to have “an opening with sides
that extend into the frame of the cart and are slanted inwardly
and downwardly,” and each of the recycle bins to have “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.” The examiner finds (see pages 4 and 6 in the answer)
that each of O’Malley’s trash container supports 26 constitutes
such a holding frame portion and that each of O’Malley’s trash
containers 29 constitutes such a recycle bin. The appellant
counters (see pages 8 and 9 in the brief) that this is not the
case because the O’Malley apparatus “holds the bins by using an
enlarged lip around the top surface of the bin 29 which lip
overlaps the upper edge of the . . . holding frame” (brief, page
9).
Although O’Malley does not expressly describe the enlarged
lip around the top surface of each bin or container 29, the
drawing figures in the reference belie the appellant’s contention
that this lip overlaps the upper edge of a holding frame (one of
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