Appeal 2005-0801
Application 09/848,628
support member [66] has clearance from an inner surface of the waste cart
[20] when the false bottom is pivoted away from the bottom surface of the
waste cart [20].
73. Reissue application claims 1-7 have been indicated as
allowable by the examiner and are not involved in the appeal.
74. New reissue application claims 8-13 are before the Board
in the appeal.
75. The Examiner has rejected reissue application claims 8-
13 under 35 U.S.C. § 103 as being unpatentable over the following prior art
(Reissue application final office action dated April 17, 2002, pages 3-4):
(1) Schafer et al. (Schafer), U.S. Patent 5,031,796 in
view of
(2) Matry, U.S. Patent 3,342,368.
76. Additionally, the examiner has rejected reissue
application claims 8-13 under 35 U.S.C. § 251 maintaining that the claims
seek to "recapture" subject matter surrendered in obtaining allowance of the
claims which appear in the patent sought to be reissued.
77. The Examiner based the rejection under 35 U.S.C. § 251
of claims 8-13 on the grounds that when faced in the original application
with a rejection under 35 U.S.C. § 103 over the Gehr and Kuelmichel prior
art German patents applicants made a first significant amendment, and when
faced in the original application with a rejection under 35 U.S.C. § 103 over
the Schafer and Martin prior art patents, applicants made second and third
significant amendments:
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