Appeal No. 96-0513
Application No. 08/149,766
In passing, we observe that claim 13 requires that the
fertilizer used in the method of claim 1 is obtained by mixing
in particular parts per volume 3 (three) proprietary products
identified by only their trademarks. Nevertheless, appellant
has filed in the record of this application product sheets for
each of the aforementioned proprietary products which
identifies their respective makeup and uses. Based on these
product sheets and because claim 13 further limits the
fertilizer used in claim 1 to a fertilizer prepared from these
well-identified proprietary products, we do not find the use
of the trademarks renders claim 13 unclear or confusing.
Compare, Ex parte Simpson, 218 USPQ 1020-23 (Pat. & Tdmk. Off.
Bd. App. 1982).
SUMMARY
The rejection of claims 1, 5, 6, 8 through 17, 19 and 20
under 35 U.S.C. § 103 is reversed.
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