Appeal No. 2005-1476 Page 2
Application No. 10/174,555
BACKGROUND
The appellant's invention relates to a trash receptacle having a trash bag
container secured thereto. A copy of the claims on appeal may be found in the
amendment filed February 26, 2004
The Prior Art
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Clark, Jr. (Clark) 4,823,979 Apr. 25, 1989
Waterston 5,092,480 Mar. 3, 1992
Beasley et al. (Beasley) 5,115,916 May 26, 1992
Sharkey 5,429,262 Jul. 4, 1995
The Rejections
Claim 1 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Waterston in view of Clark.
Claims 1, 4 and 8 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Waterston in view of Clark, Sharkey and Beasley.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the final
rejection (mailed September 8, 2003) and answer (mailed March 16, 2004) for the
examiner's complete reasoning in support of the rejections, and to the brief (filed
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