Appeal No. 2006-1386
Application No. 10/206,567
connected to each other at any time, whereby an at least partially filled trash bag within the trash
can will urge said opposing sides of said at least one trash can liner against the at least one
internal side wall of the trash can such that said first and second ends of said trash can liner will
slide upwardly along the at least one internal sidewall of the trash can upon removal of a trash
bag therefrom, said flexible liner being constructed and arranged to remain at least partially
within the trash can when the trash bag is removed.
THE REFERENCES
Peterson 4,140,257 Feb. 20, 1979
Poliquin 6,015,063 Jan. 18, 2000
THE REJECTIONS
The claims stand rejected as follows: claims 1-10 and 16 under 35 U.S.C. § 112, first
paragraph, written description requirement; claims 1-10, 15 and 17-19 under 35 U.S.C. § 102(b)
as anticipated by Peterson; and claim 16 under 35 U.S.C. § 103 as obvious over Peterson in view
of Poliquin.
OPINION
We affirm the rejection under 35 U.S.C. § 102(b) and reverse the rejections under
35 U.S.C. § 112, first paragraph, and 35 U.S.C. § 103.
Rejection under 35 U.S.C. § 112, first paragraph
The examiner argues that the requirements that the ends of the trash can liner are not
connected to each other at any time (claims 1 and 7) or are unconnected at all times (claim 10),
and the requirement that the plurality of flexible liners are not connected to each other at any
time (claim 16), are not in the originally filed application (answer, page 3). The examiner
acknowledges that the appellant’s drawings show ends and flexible liners that are not connected,
2
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007