How to Draft a Patent

1
How To Draft A Patent
brought to you by
Ogilvy Renault LLP

Introduction to Patenting
Joan M. Van Zant
August 1, 2005
Joan M. Van Zant
Patent and Trade-mark Agent
Toronto
May 7, 2009

3
Forms of IP Protection
• Patents
• Trade-marks
• Industrial Designs
• Copyrights
• Plant Breeders’ Rights
• Integrated Circuit Topographies
• Trade Secrets

4
Trade-marks
• Common law or registered
• Word, Design, Numerals, Symbols or any
combination
• Distinguishes wares and/or services
• 15 Year Renewable Term
• KLEENEX, COCA COLA, etc.

5
Copyrights
• Registration not necessary, allows owner to prevent
others from copying work
• Literary, artistic, musical & dramatic works,
performances, communication signals & sound
recordings
• Work must be original
• Either the author must have a certain nationality OR the
work must be first or simultaneously published in a treaty
country, regardless of the nationality of the author.
• Term is life of author and 50 years beyond

6
Industrial Designs
• Require Registration
• 5 year term, renewable for 5 years
• Substantially original features of shape,
configuration, pattern, or ornament or any
combination thereof
• Features must be applied to a finished article made
by hand, machine or tool
• chair, spoon, wall paper pattern

7
Plant Breeders’ Rights
• Registration required
• Protects Reproductive Materials: seeds, cuttings;
bulbs or roots
• Prevents repeat use of material to produce other
varieties by others
• Prevents use of ornamental plants or parts thereof as
propagating material by others
• Vehicle to license others to perform such acts

8
Integrated Circuit Topographies
• 3D configurations of electronic circuits embodied in
products or layout designs
• Registration requires:
• Original Design, 2 year grace period
• Applicant must be Canadian or national of eligible
country or topography first commercialized in
Canada

9
Trade Secrets
• Information not readily discernible from public
assessment of a product, e.g. chemical process
• Can last forever
• Cannot preclude others from using it, if acquired
independently
• Prior secret use does not prevent others from
patenting
• May be hard to keep secret

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Patents
• Must be obtained
• Protects ideas reduced to practical form
• Term is 20 years from filing application
• Examination process not a registration process
• Most expensive IP right to obtain

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What is a Patent?
• Monopoly
• Territorial
• Granted by government authority
• Limited exclusive privilege that the law allows a
patentee in his own invention
• Ownership
• Natural right arises from production
• Term
• Limited period of time, usually 20 years from filing

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Nature Of Patent Right
• Bargain with the state
• Inventor gives full disclosure of invention in exchange
for limited period of monopoly
• Upon expiration of monopoly, the invention can be
exploited by anyone
• Before expiration others have access to information

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Purpose Of Patents
• Patents provide library of organized technical
information that others may learn from and
improve upon
• Patent system encourages publication of new
scientific and engineering work which can be
used to inspire, educate, or inform others to
make improvements or new developments

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• Patent excludes others from making , using or selling
your invention
• Your patent may not allow you to practice the
invention defined therein
• No guarantee of Freedom to Operate
Purpose Of Patents Cont’d

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Form of Patent Application
A patent application comprises
• An Abstract;
• A description comprising the following elements
• Title for identification purposes
• Field of the Invention which describes the
area(s) to which the invention relates

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Form of Patent Application Cont’d
A description comprising the following elements (cont’d)
• Background of the Invention which describes the
related prior art and the problem that is solved with
the present invention
• Summary of the Invention which comprises one or
more general statements of the invention and
usually provides the precise language for the claims
• Detailed Description of the Invention
• Specific Embodiments, Examples, and the like

17
Form of Patent Application Cont’d
• Claims which distinctly claim the part, improvement
or combination of the invention which the applicant
regards to be patentable.
• Drawings are included where the description lends
itself to them.
• A Sequence Listing is required where the invention
relates to genes or fragments thereof
• Deposit of Biological Material may be required to
satisfy description requirements

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Filing Application
• Must be filed in timely manner
• Before publication or disclosure to the public, or
within grace periods or in keeping with
International Treaty Requirements
• Government Fees to be paid
• Application to conform to required format and content

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Patentable Invention
• New, useful, unobvious
• First to invent / first to file
• Patentable subject matter

20
Patentability Search and Assessment
• Invaluable to avoid re-patenting the wheel
• To establish scope of invention
• Language of the patent art
• Reveal the patent landscape in a particular area
• Reveal activities of competitors
• Useful information to consider when choosing
countries or regions where protection should be
sought if at all

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Statutory Definition of Invention
• Any new and useful art, process, machine,
manufacture or composition of matter or any new
and useful improvement in any art, process,
machine, manufacture or composition of matter.

22
Patentability - New
• Not disclosed in writing or in any other form
anywhere in the world prior to filing of application by
anyone else
• Grace period of one year in Canada for disclosures
by applicant or by someone who obtains information
directly or indirectly from the applicant

23
Disclosure of Invention
Before Filing Impact on Patentability
• U.S. one-year grace period for written disclosures
published anywhere and for prior sale, offer for sale,
prior public use or disclosure
• EP prior public disclosure that makes invention
available to the public is deadly and precludes the
grant of valid patent rights
• Confidential disclosures are not damaging, usually

24
Disclosure of Invention
After Filing Impact on Patentability
• Disclosures that take place after filing can cause
problems where an improper priority patent
application is filed and claims lose entitlement to the
priority date
• The subsequent publication can be a bar to valid
patent rights when the date is lost
• EPO Board of Appeals and US Courts have made
rulings to this effect

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Patentability
Unobvious
• Invention cannot be apparent to a person skilled in the art
who has, not only the benefit of the common general
knowledge in the art, but also public documents and
disclosures in that art
• Most inventions are improvements
• May not be a huge advance in the art
• May be pioneer invention
• May need to prove value or significance of advance or
unexpected result
• Scientific evidence, commercial success
• Challenge of the problem,
only solution available

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Patentability
Patentable Subject Matter
• Patenting Possibilities vary from jurisdiction to
jurisdiction
• USA is most open as to subject matter
• “Anything new under the sun that is made by man”
• Excluded are:
• Abstract ideas, physical phenomena and laws of
nature
• mental steps, abstract ideas and many business
methods

27
Excluded Subject Matter in Canada
• Does not include professional arts
• Surgery, division of land
• Methods of medical treatment
• Use claims can be obtained
• Higher life forms
• No animals or plant materials

28
United States
Examples of Patentable Subject Matter
• New chemical entities, including new intermediates
and in appropriate cases new salts, enantiomers and
polymorphs
• Methods of making new compounds
• New methods of making old compounds

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• New compositions, possibly containing known
compounds but in different dosage amounts or forms
• New methods of treatment, diagnosis etc. using old
or new compounds
• New methods of modulating biochemical processes
which are carried out in a human, animal or plant
United States

30
United States
• New kits for example containing a new combination
of materials or of materials and equipment used for
diagnosis or treatment
• Newly identified DNA claimed in purified or isolated
form. Newly created DNA is treated as a new
chemical compound
• New organisms and parts of organisms such as
seeds, for example those containing modified DNA

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• New vaccines
• New vectors, such as plasmids, new hybridomas and
new antibodies
• New research techniques and in some cases at least
the products obtained from using these techniques.
United States

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Value of Patent
• Commercial Tool
• To develop or insure market position
• To find an investment partner
• To license
• To gain access to other technologies
• To gain access to other applications
• To negotiate exclusive supply arrangements

The Patent Application Process
Toronto
24-Jan-04
Jung-Kay Chiu
Lawyer and Patent Agent
Toronto
May 6, 2009

35
Patent Application Process
Overview
1. Application Process in Context
2. Deciding whether to file an application
3. Process by Practical Example
4. Costs
5. Strategies

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Patent Application Process in Context
Cycle of Development
2. Develop
Technology
4. Exploit
IP
1. Develop
Idea
3. Protect
IP

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Patent Application Process in Context
• Patent application process fits within a larger
cycle of events in a plan for commercializing
technology
• Intellectual assets created but how do we take
advantage of these assets?
• Formulate an IP strategy

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Whether/How to File…
• There are many factors that may play a role
• Why? Because the costs associated with patent
protection and enforcement are significant and
patents are territorial.

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Factors to consider when deciding whether to file
• Potential commercial life of invention
• Time to patent may exceed commercial life of invention
• Filing only preserves your place in line
• Right to enforce only on issue of a patent which can take
many years
• Scope of likely patent protection
• What is the prior art?

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• Simple or complex technology – market lead time
• Simple inventions may not give innovator much market
lead time before a competitor can develop the same
technology. Patent may issue years after product
launch. Will that patent be of value?
• Ability to keep secret – free flow of technical information
• Technical personnel move among competitors, “share”
ideas
• Private vs. public exploitation (e.g. secret process)

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• Capability to police patent
• Litigation may be prohibitively expensive
• State of development of technology
• Patent application may be premature – for business and
legal reasons
• “sound prediction” - Apotex Inc. v. Wellcome Foundation Ltd.,
[2002] 4 S.C.R. 153, 21 C.P.R. (4th) 499.
• Further research may show initial thoughts were incorrect

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• Competitive posture of innovator
• How does proposed patent fit in a portfolio and strategy
• Invention modest improvement or pioneering breakthrough
• Importance of invention
• Financing/Licensing?
• A patent may be necessary to attract $
• Defensive reasons

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Practical example
You think you have an invention…what’s next?
1. Identify invention
Discuss invention with your patent counsel
May conduct patentability search
2. Canvas factors to determine whether to file

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Practical example
3. Prepare Application
Parts: Background; Summary; Brief Description of the
Drawing; Detailed Description; Claims; Abstract; Figures
What do these parts entail? – stay tuned!

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Practical example
4. Identify inventor or inventors
Test for inventorship: Who made a contribution to the
inventive concept? Apotex Inc. v. Wellcome Foundation
Ltd., supra
5. Prepare papers and file application

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Typical Timeline
Months
(5k-20k)
0
Priority
Application

48
Practical example
7. Foreign Filing and the Paris Convention:
Paris Convention gives an Applicant 1 year to file one or more
corresponding applications and claim a “priority” back to the
filing date of the previous application
This relieves the applicant of filing in every country of interest in
the first instance

49
Typical Timeline
Months
(5k-20k)
0
Priority
Application

50
Typical Timeline
PARIS
CONVENTION
National Filings
and
PCT Filing
Months
(5k-20k)
(10k)
(2k-5k per)
0 12
Priority
Application

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Practical example
7. Foreign Filing and the Patent Cooperation Treaty (PCT)
PCT, the International Application
Administered by the International Bureau at WIPO
Deemed filing in almost every country in the world
BUT: each filing is not crystallized until national phase
entry is requested within 30 months.
à really only a 30 month delay in exchange for $
Why delay? Evaluate market and patentability

52
Typical Timeline
PARIS
CONVENTION
National Filings
and
PCT Filing
Months
(5k-20k)
(10k)
(2k-5k per)
0 12
Priority
Application

53
Typical Timeline
PARIS
CONVENTION
National Filings
and
PCT Filing
30
National Entries
of PCT Filing
Months
(5k-20k)
(10k)
(2k-5k per)
(2k-5k per)
0 12
Priority
Application

54
Typical Timeline
PARIS
CONVENTION
National Filings
and
PCT Filing
30
National Entries
of PCT Filing
Months
(5k-20k)
(10k)
(2k-5k per)
(2k-5k per)
Note: Maintenance fees may be due depending on country
0 12
Priority
Application

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Practical example
8. Publication
Applications are laid-open for public inspection after 18 months
from the priority date
9. Request Examination?
Requests for examination may be deferred up to 5 years from
filing
Currently a delay of between 2-4 years to start examination

56
Typical Timeline
PARIS
CONVENTION
National Filings
and
PCT Filing
30
National Entries
of PCT Filing
Months
(5k-20k)
(10k)
(2k-5k per)
(2k-5k per)
0 12
Priority
Application

57
Typical Timeline
PARIS
CONVENTION
National Filings
and
PCT Filing
3018
Publication
National Entries
of PCT Filing
Months
(5k-20k)
(10k)
(2k-5k per)
(2k-5k per)
0 12
Priority
Application

58
Typical Timeline
PARIS
CONVENTION
National Filings
and
PCT Filing
3018
Publication
National Entries
of PCT Filing
72
Months
Deadline to Request
Examination in Canada
(5 Years from Filing)
(5k-20k)
(10k)
(2k-5k per)
(2k-5k per) (1k)
0 12
Priority
Application

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Practical example
10. Prosecution
Examiner reviews application and requisitions compliance
with the Patent Act and Patent Rules
Requisition alleging application is not allowable (e.g. not
new, not inventive, claims are unclear…etc.)
Applicant responds with arguments and/or amendments

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Practical example
10. Prosecution
Amendment is limited: cannot introduce new subject
matter
Amendment may broaden or narrow scope of claims

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Practical example
10. Prosecution
Patent to issue to a single invention
May be required to restrict application to single invention
and file one or more divisional applications to additional
inventions

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Practical example
11. Allowance and Issuance
Pay the final fee and get the patent

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Strategies
• Picking where to file:
• Your market
• Your competitor’s market
• Your competitor’s manufacturing facilities
• Enforcement potential
• Prosecution charges (Budget)
• Deciding how to first file:
• Desire for speedy issuance or indication of patentability or
just getting on file to reserve place in line

Application Drafting Considerations
Christopher Hunter
Lawyer, Patent & Trade-mark Agent
Toronto
May 6, 2009

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Section 27(3) of Patent Act Canada
The specification of an invention must
(a) correctly and fully describe the invention and its
operation or use as contemplated by the inventor;
(b) set out clearly the various steps in a process, or
the method of constructing, making, compounding or
using a machine, manufacture or composition of
matter, in such full, clear, concise and exact terms as
to enable any person skilled in the art or science to
which it pertains, or with which it is most closely
connected, to make, construct, compound or use it;

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Section 27(3) of Patent Act Canada
Cont’d
(c) in the case of a machine, explain the principle of the
machine and the best mode in which the inventor has
contemplated the application of that principle; and
(d) in the case of a process, explain the necessary
sequence, if any, of the various steps, so as to
distinguish the invention from other inventions.

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The Real Challenges to Obtaining Patents
Meeting the Specification Requirements
• Written Description
• Enablement
• Utility

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United States
Written Description Requirements
• Is there an actual reduction to practice, i.e. a working
example?
• Are there drawings or structural chemical formulae in
sufficient detail to show possession (knowledge) of
the claimed invention as a whole?
• Are there other identifying characteristics described
that show possession (knowledge) of the claimed
invention in sufficient detail?

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• Complete structure of a species or embodiment
• Other relevant identifying characteristics
• Level of skill and knowledge in the art
• Determines what is required
• Partial structure
United States

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• Physical and/or chemical properties
• Functional characteristics alone
• Usually not acceptable
• Functional characteristics coupled with known or
disclosed correlation between structure and function
and the method of making the claimed invention
should suffice
United States

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• Genus – Species
• Genus claims may be supported with sufficient
description of a representative number of species
• Representative number of species means that
species described must be representative of the
entire species
• The greater the variation within the genus, then
the species description should adequately reflect
the variation in the genus
United States

73
• Mature technologies vs. Emerging Technologies,
an inverse relationship to description requirements
• If knowledge and skill are high, method of making
invention and function may be enough
• If knowledge and skill are less established and
therefore unpredictable, more evidence is required
United States

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Enablement
• Ensures that public receives its “quid pro quo” for
patent grant
• Description must enable person skilled in the art to
practice the invention without undue experimentation

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Enablement
• Factors to consider
• Quantity of experimentation necessary
• Amount of direction and guidance provided
• Presence of working examples
• Nature of invention
• State of prior art
• Relative skill of those in art
• Predictability of art
• Breadth of claims

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Enablement
• Chemical cases historically have never been
subjected to requirement of working examples
• Generally genetic engineering cases cannot succeed
without working examples
• Prophetic examples have been sanctioned by the
courts but must not be written in past tense (Ground
for invalidation in the USA)

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• How much disclosure is necessary to support broad
claims?
• Fact dependent
• Unpredictable factors which are often associated with
chemical reactions and physiological activity raise the
threshold compared with other arts such as electronics
and mechanics
Enablement

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• Genentech Inc. v. Novo Nordisk A/S
• Chemical patent invalid for lack of enabling
description for starting materials and conditions to
be used
• National Recovery Technologies v. Magnetic
Separation Systems
• Invalid claim 1 included step for selecting process signals as
pass through irregularities in the bodies of said material
items
• Description did not state how to perform step
Enablement

79
• Credible
• Assertion must have unflawed logic and
consistent facts
• Specific
• Polynucleotide as gene probe without disclosure
of specific DNA target not acceptable
• Substantial
• Defines real world use
Utility

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• Used to reject applications and to narrow claims
• Claim to piece of DNA may be narrowed to
“consisting of” language from “comprising”
• Claims to receptors will be granted only if there is
disclosure of disease or condition associated with the
receptor
• Cannot just say receptor binds compounds or
makes monoclonal antibodies, actual examples or
reference to common general knowledge with
general description
Utility

81
For Claims to methods of treating disease
• Where disease is unspecified, claims are rejected as
too much research is required to determine diseases
to be treated
• Where disease is defined by reference to underlying
mechanism, must show by literature or evidence that
mechanism is associated with disease
Utility

Paul Field
Lawyer, Engineer
Patent & TM Agent
Toronto
February 23, 2008
Functional Approach to Claim Drafting

84
Functional Approach
• Applicable to mechanical devices
• Complex mechanisms break down into a large
number of simple components working together
• Each component performs an identifiable function
• Each component is connected or engages at least
one other component
• Capture the essence of that function in the least
possible number of words
• Try “means for function” thought process to open up
alternatives

85
Breaking Writer’s Block
• Have a Method
• Accumulate Information with an Open Mind
• Organize Thoughts Loosely on Scrap Paper
• Accept Trial & Error as a Legitimate Process
• Commit to Paper using Commonly Accepted Claim
Formats
• Test Your Assumptions – Edit on Paper – Redraft
Test – Edit – Redraft ………then stop

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Have a Method
• Copy from others shamelessly
• Organize thought process on paper
• Use rough lists, bubble diagrams, flow charts
• Move from general concept to detailed features

87
Accumulate Information with an Open Mind
• Interview the inventors
• Become familiar with the Prior Art
• Beware of locking onto concepts too early
• Visualize the mechanism exploded, floating in space,
then examine interactions
• Review from the perspective of an infringer or a
judge

88
Organize Thoughts Loosely on Scrap Paper
• List components
• List advantages over prior art
• Bubble diagrams – Flow Chart
• Sketch draft drawings
• Decide if parts are “essential” or “optional”
• Visualize the invention with a part missing to see if it
is essential or optional

89
Accept Trial & Error as a Legitimate Thought
Process
• Misconception of inefficiency
• Process accounts for multiple priorities, conflicting
issues, opposing viewpoints, satisfies multiple
conditions and concludes with a less than perfect
solution

90
Conditions to be Satisfied By Patent Claims
• Claims supported by description
• Consistent terms used throughout
• Logical sequence (antecedents)
• All essential elements included (operative)
• Claims are not greater than the invention made and
described

91
Conditions to be Satisfied By Patent Claims
• Includes all known equivalents
• Includes all embodiments with broad language
• Not too limiting (less than the invention)
• Not overly verbose (less is more)
• Addressed to one skilled in the art
• Addressed to a judge (not technical)

92
Use Commonly Accepted Patent Claim Format
1. A (name), for (optional preamble describing background),
comprising:
element A, where A has sub-elements and/or limitations;
element B, connected to A, where B has sub-elements
and/or limitations; and
element C, connected to A and/or B, where C has sub-
elements and/or limitations.
2. A (name) according to claim 1 wherein:
element C has more sub-elements or limitations

93
Functional Terms
• Function is often inherent in the words chosen ( a
blade, a valve, a fastener, a conveyor, a frame)
• Function may be specifically recited to cover many
equivalent elements (biasing means, extending frombiasing means, extending from
the jam to the door, for urging the door to a closedthe jam to the door, for urging the door to a closed
position)position)

94
Clarity
• Format, punctuation, commas divide the claim into
digestible pieces
• Say one thing at a time, fully complete
• Repeat for clarity (ex: therein vs. in the A;
therebetween vs. between A and B)
• Use “the” not “said”

www.zamboni.com
Zamboni™ Ice Resurfacing Machine
Claim Drafting Example

98
VEHICLE
ICE
SCRAPER
ICE CHIP
COLLECTOR
WASH +
VACUUM
WIPE /
FINISH

99
VEHICLE
ICE
SCRAPER
ICE CHIP
COLLECTOR
WASH +
VACUUM
WIPE /
FINISH
WIDTH
HEIGHT
ANGLE
STORAGE
+ DUMP
VERTICAL
HORZ.
SPRAY
CLEAN
VACUUM
DIRTY
STORE
DIRTY
STORE
CLEAN
HOT
TOWEL
SQUEEGEE
BEVEL
SPRAY

100
Wiper or Squeegee
Wash and Vacuum Water
Vertical Conveyor
Horizontal Conveyor
Ice Scraper / Shaver
Vehicle
FEATURESELEMENT

101
üself propelled
ü4 wheel drive
üSteer from back
üDriver and controls at the back
üHolds ice chip container
üWater containers
üCould sell without vehicle
Vehicle
FEATURESELEMENT

102
üFull width of vehicle
üHeight and angle adjustable
üBevelled cutting edge
üLeading edge vs, trailing edge
üIce chips collect at leading
edge
Ice Scraper / Shaver
FEATURESELEMENT

103
üCollect ice chips from blade
üForward of scraper
üHelical screw
üFeeds from edges to center
outlet
Horizontal Conveyor
FEATURESELEMENT

104
üInlet from horizontal conveyor
üOutlet to ice chip container
üHelical screw or auger in
modern version
üChain with paddles in old
version
Vertical Conveyor
FEATURESELEMENT

105
üWater source storage
üPump
üWashes ice surface after
scraper
üVolume + height adjust
üVacuums dirty water
üStorage recycle filter
Wash and Vacuum Water
FEATURESELEMENT

106
üTrailing towel with hot water
üTrailing squeegee
üContains water pool
üWipes away excess
Wiper or Squeegee
FEATURESELEMENT

107
1. An ice surface conditioning device comprising:
a scraper blade; and an ice shaving collector.

108
a scraper blade, having a cutting edge for
engagement with an ice surface; and
an ice shaving collector in communication with an
ice shaving container.

109
a scraper blade, disposed transverse to a machine
direction, having a cutting edge for engagement
with an ice surface; and
an ice shaving collector having an inlet adjacent
the blade and an outlet in communication with an
ice shaving container.

110
2. An ice surface conditioning device according to
claim 1 wherein the ice shaving collector
comprises a horizontal conveyor.
claim 2 wherein the horizontal conveyor is a helical
screw.
claim 3 wherein the horizontal conveyor has two
opposing helical screws and a central outlet.

111
claim wherein the ice shaving collector comprises
a vertical conveyor with an inlet in communication
with an outlet of the horizontal conveyor.
claim 5 wherein the vertical conveyor is a helical
screw.
claim 6 wherein the vertical conveyor is a band
with a plurality of paddles.

112
claim 1 comprising:
a water coating distributor rearward of the blade.
claim 8 wherein the water coating distributor
comprises a water sprayer in communication with
a clean water supply tank.

113
claim 8 comprising:
an excess water removal device.
claim 10 wherein the excess water removal device
comprises a water vacuum inlet in communication
with a dirty water tank.

114
claim 1 comprising: an ice surface wiping device.
claim 12 wherein the ice surface wiping device is
selected from the group consisting of: a squeegee;
and a towel.
claim 13 wherein the towel communicates with a
hot water supply.

118
Claim 1
A waste receptacle comprising:
a. a sweeping ramp including a
lower ramp end and an upper
ramp end, the sweeping ramp
bearing teeth protruding
therefrom at a non-zero angle
between the lower and upper
ramp ends;
b. a waste bin having a bin
floor defined beneath the upper
ramp end.

119
Claim 2
The waste receptacle of
claim 1 wherein the
teeth protrude from the
sweeping ramp to extend
generally toward the upper
ramp end.

120
Claim 3
The waste receptacle of claim 1:
wherein the sweeping ramp
includes opposing ramp sides
extending between the lower and
upper ramp ends,
further comprising upwardly-
extending walls surrounding
at least a portion of the upper
ramp end and the ramp sides,
wherein the waste bin is defined
between the upper ramp end and
the upwardly-extending walls.

121
Claim 4
claim 3 further comprising
a tubular chute having a
chute passage defined
therein, the chute
passage being directed
onto the waste bin.

122
Claim 5
a broom handle notch
defined upon the tubular
chute at an area of the
tubular chute situated
generally above the
sweeping ramp.

123
Claim 6
a flap hingedly affixed
within the chute passage
of the tubular chute.

124
Claim 7
The waste receptacle
of claim 6 wherein the
flap is foraminated.

125
Claim 8
The waste
receptacle of claim
6 wherein the flap
is rotatable into
the chute passage
to engage the
tubular chute.

126
Claim 9
of claim 8 wherein
the flap, when
engaging the tubular
chute, slopes
downwardly in a
direction away from
the sweeping ramp.

127
Claim 10
of claim 3, further
comprising a bin
ramp descending
from the upper ramp
end into the waste
bin.

128
Claim 11
Wherein the sweeping ramp
extending between the lower
and upper ramp ends,
further comprising sidewalls
extending upwardly from the
ramp sides, and an upwardly
extending end wall between
the sidewalls.

129
Claim 12
The waste receptacle of claim
11 wherein the waste bin is
defined between the upper
ramp end and the end wall,
the waste receptacle further
comprising a tubular chute
having a chute passage
defined therein, the chute
passage being directed onto
the waste bin.

130
Claim 13
12 further comprising a broom
handle notch defined upon
the tubular chute at an area of
the tubular chute situated
generally above the sweeping
ramp.

131
Claim 14
a flap hingedly affixed
within the chute passage of
the tubular chute.

132
Claim 15
a bin ramp descending
from the upper ramp end,
wherein the waste bin is
depressed between the
upper ramp end and the
end wall.

133
Claim 16
wherein the sweeping ramp
extending between the lower
and upper ramp ends,
the waste receptacle further
comprising a waste bin situated
beneath the upper ramp end,
and a tubular chute having a
chute passage defined therein,
the chute passage being
directed onto the waste bin.

134
Claim 17
16 wherein the tubular chute
includes an end wall situated
generally opposite the upper
ramp end and extending
upwardly from the waste bin,
and wherein the end wall is
tilted inwardly so as to rest
generally over the waste bin.

135
Claim 18
lower ramp end, an upper ramp
end, and opposing ramp sides
extending there between, wherein
teeth extend from the sweeping
ramp between its lower and upper
ramp ends,
b. a waste bin situated beneath the
upper ramp end, and
c. a tubular chute having a chute
passage defined therein, the chute
passage being directed onto the
waste bin.

136
Claim 19
claim 18 wherein the teeth
are inclined toward the
upper ramp end.

137
Claim 20
lower ramp end, an upper ramp
end, and opposing ramp sides
extending therebetween, with teeth
extending from the sweeping ramp
between the upper and lower ramp
ends at a non-zero angle,
b. a waste bin situated beneath the
upper ramp end, and
c. a tubular chute having a chute
passage defined therein, the chute
passage being directed onto the
waste bin.

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