Ex parte PHILLIPSON - Page 2




          Appeal No. 1998-3413                                                        
          Application No. 08/512,782                                                  


          Appellant’s invention relates to a method for making                        
          decorative containers, and more specifically to a method of                 
          constructing flower pots that have distinctly different                     
          decorative elements associated with the rim of the flower pot               
          or both the rim of the flower pot and the rim of a water tray               
          associated therewith.  A copy of representative claims 1, 3,                
          7, 11, 13, 18 and 37 on appeal, as reproduced from the                      
          Appendix to appellant’s brief, is attached to this decision.                


          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              
          Allen                    340,027                       Apr. 13,             
          1886                                                                        
          Coleman Jr. (Coleman)    2,785,508                     Mar. 19,             
          1957                                                                        
          Blake                    4,880,130                     Nov. 14,             
          1989                                                                        

          Claims 3 through 7 and 37 stand rejected under 35 U.S.C.                    
          § 102(b) as being anticipated by Coleman.                                   


          Claims 1, 2 and 11 stand rejected under 35 U.S.C. §                         
          103(a) as being unpatentable over Coleman.                                  


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