Appeal 2005-0801
Application 09/848,628
(1) Gebr Otto (Gebr), German Patent DE 4002174 C1
in view of
(2) Kuelmichel (Kuel), German Patent DE 3936099
A1.
33. Gebr and Kuel are prior art vis-à-vis applicant under
35 U.S.C. § 102(b).
34. The Examiner found that Gebr describes “in Figure 1 a
compost waste trolley with vent hole (23) in its lower portion and lid (4).”
35. However, the Examiner found that Gebr “does not teach
a lid vent.”
36. The Examiner further found that Kuel’s Figure 1
describes, in the same field of endeavor, “a collection apparatus with a lid
(5) and vent (18).”
37. The Examiner held that:
It would have been obvious to one skilled in the art to have provided
the Gehr device with a vent as taught by Kuel in order to provide it
with additional air circulation means.”
38. The Examiner further noted:
With respect to Claims 3 and 13, Gebr does not teach [an] L shaped
retainer member to hold a hood to an abutment surface for contacting
the lid about the vent hole or a catch opposite the retainer. Kuel
teaches a hinge or retainer which is L-shaped, as broadly recited and
interpreted, which attaches hood (21) and lid (5). Opposite the L-
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