Appeal 2005-0801
Application 09/848,628
an opening for loading and unloading waste from
said hollow body; and
at least one vent hole in said lower portion; and
a lid for closing said opening for loading and unloading
waste from hollow body, said lid including:
at least one lid vent there through, whereby air can
convect through said at least one vent hole in said lower
portion, through any waste contained in the hollow body and out
said lid vent carrying moisture therewith.
2. The waste cart as defined in claim 1 wherein said at least one lid vent
includes:
a vent hole in said lid; and
a hood covering said lid vent hole.
4. The waste cart as defined in claim 2 wherein said hood
covering said lid vent hole includes:
a generally horizontal hood portion;
a sidewardly facing opening in said hood covered with
respect to falling rain by said hood portion; and
a perforated plate covering said sidewardly facing
opening.
Having established the scope of the surrendered subject matter, in
compliance with the third step set forth in Clement, we now must determine
whether the surrendered subject matter has crept into reissue claim 8. We
therefore compare reissue claim 8 with the aforementioned surrendered
subject matter (original patent application claims 1, 2, and 4), as follows.
Reissue claim 8 is broader than original patent application claims 1, 2,
and 4. This is because reissue claim 8 does not recite a lid (in effect, the
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