Ex Parte Apps et al - Page 8



            Appeal 2005-0801                                                                                                                  
            Application 09/848,628                                                                                                            

                                     22. Claim 4 as originally filed reads as follows:                                                        
                    Claim 4 (as filed).  The waste cart [20] as defined in claim 2 wherein said                                               
                    hood [54] covering said lid vent hole [72] includes:                                                                      
                             a generally horizontal hood portion [76];                                                                        
                             a sidewardly facing opening [77] in said hood [54] with respect to                                               
                                     falling rain by said hood portion; and                                                                   
                             a perforated plate [78] covering said sidewardly facing opening [77].                                            
                                     23. Claim 6 as originally filed reads as follows:                                                        
                    Claim 6 (as filed).  The waste cart [20] as defined in claim 4 wherein said                                               
                    hood portion [76] includes:                                                                                               
                             a reinforcing groove [85] centrally located in said hood portion [76] at                                         
                             a right angle to said perforated plate [78].                                                                     
                                     24. Claim 7 as originally filed reads as follows:6                                                       
                    Claim 7 (as filed).  The waste cart [20] as defined in claim 1 further                                                    
                    including:                                                                                                                
                    a perforated false bottom [56] positioned in said hollow body [22] above                                                  
                    said at least one vent hole [50] in said lower portion [32] to allow air                                                  
                    circulation under waste retained above said false bottom [56], wherein said                                               
                    at least one lid vent [54 & 72] includes:                                                                                 
                             a vent hole [72] in said lid [40]; and                                                                           
                             a hood [54] covering said lid vent hole [72],                                                                    



                                                                                                                                             
                    6 Claim 7 recites that various features are part of the lid vent hole [72]                                                
                    whereas claims 3 and 4 properly recite these same features as part of the                                                 
                    hood [54] covering the lid vent hole [72].  Applicants have carried forward                                               
                    this problem uncorrected into patent claim 4 and reissue application claim 4.                                             
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