Ex Parte Apps et al - Page 23



         Appeal 2005-0801                                                                                       
         Application 09/848,628                                                                                 

                             79. Schafer and Matry are prior art vis-à-vis applicant under                      
                35 U.S.C. § 102(b).                                                                             
                             80. The Examiner found that:                                                       
                       Schafer et al discloses a waste cart that enables the drying of moist                    
                       waste therein having a hollow body (2) having a lower portion, an                        
                       upper portion defining an opening (6) for loading and unloading waste                    
                       from the hollow body, and at least one vent hole (6) in the lower                        
                       portion; a pivotable, perforated false bottom (18) positioned in the                     
                       hollow body above the at least one vent hole to allow air circulation                    
                       under waste retained by the false bottom. (Reissue Final action 3-4)                     
                             81. However, the Examiner found that:                                              
                       Schafer et al. does not specifically disclose a support member                           
                       extending downwardly from a bottom surface of the false bottom, the                      
                       support having a length sufficient to contact a bottom portion of the                    
                       waste cart to hold the false bottom generally parallel to the ground                     
                       when the cart is in a normal waste containing position, and positioned                   
                       on the bottom surface of the false bottom so that the support member                     
                       has clearance from an inner surface of the waste cart when the false                     
                       bottom is pivoted away from the bottom portion of the waste cart.                        
                       (Reissue Final action 4)                                                                 
                             82. The Examiner further found that in the same field of                           
                endeavor:                                                                                       
                       Matry discloses a plurality of support members (32) made of a                            
                       molded, hollow cylinder, each extending downwardly from a bottom                         
                       surface of the false bottom, the support having a length sufficient to                   
                       contact a bottom portion of the waste cart to hold the false bottom                      
                       generally parallel to the ground when the cart is in a normal waste                      
                       containing position (See Fig. 2). (Reissue Final action 4)                               


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