Appeal 2005-0801
Application 09/848,628
at least [one] catch member [80] opposite said at least one L
shaped retainer member [79] to releasably retain said
hood [54] to said lid [40],
said lid vent hole [72] including:
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].
45. Additionally, the amendment cancelled allowable claim 6
and rewrote it as new independent claim 21.
46. With respect to new claim 21, applicant stated as follows:
New claim 21 includes the limitations of claims 1, 2, 4, and 6 as
originally submitted. (Res. to first action 4)
47. With respect to amended claim 1 (combining originally
filed claims 1 and 2), applicant stated as follows (emphasis added):
What the Examiner failed to recognize is that KUELMICHEL
is a liquid collection container that is not supposed to vent any
fumes … Applicant’s therefore do not understand the
Examiner’s position that it would be obvious to combine a side
vented trash cart like GEHR with … a container designed to
“allow waste to drain under any surface scum and not release
fumes” [like KUELMICHEL] as stated in the English abstract,
to make obvious a trash cart that allows fumes (water [vapor])
to escape out its vented lid. (Res. to first action, page 5)
48. With respect to amended claim 3, applicant stated as
follows (emphasis added):
The Examiner states that KUELMICHEL teaches a hinge or
retainer which is L-shaped, as broadly recited and interpreted,
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