Appeal 2005-0801
Application 09/848,628
We therefore affirm the 35 U.S.C. § 251 rejection of claims 8-13 as
being an improper recapture of broadened claimed subject matter
surrendered in the application for patent upon which the present reissue is
based.
II. The Prior Art Rejection
The Examiner rejects claims 8-13 under 35 U.S.C. § 103 as being
obvious over Schafer in view of Matry for the reasons set forth in the Final
Office Action dated April 17, 2002 of Application No. 09/848,628.
Basically, the Examiner’s position is that Schafer teaches all aspects
of Appellants’ claimed invention except for the support member having a
specific length sufficient to contact the 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. The Examiner relies upon Matry for
teaching this aspect of the claimed invention (Final Office Action 4).
Schafer does teach the concept of a false bottom (grate) 18. Figure 1 of
Schafer depicts false bottom (grate) 18. False bottom 18 is held in position
when the cart is in a normal waste containing position by ribs 20a, as
depicted in Figure 2, and as described in column 5, lines 54-68. False
bottom (grate) 18 is pivotable about hinges 19 as shown in Figure2 and as
described in column 5, lines 25-35.
Figure 2 of Matry depicts a basket 28, having feet 32. Basket 28 is
carried within casing 12. The Examiner views feet 32 as support members
that extend downwardly from the bottom surface of the false bottom, each
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