Ex parte PHILLIPSON - Page 10




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


          that the collar or ring member (10) can be made in a variety                
          of colors, thereby providing another potential difference in                
          decorative characteristics between the ceramic flower pot and               
          the molded plastic collar or ring member.                                   


          In light of the foregoing, we agree with the examiner                       
          that the method as set forth in claim 7 on appeal is                        
          anticipated by Coleman.  Thus, the examiner’s rejection of                  
          claim 7 under                                                               
          35 U.S.C. § 102(b) based on Coleman is sustained.                           


          We next consider the examiner’s rejection of claims 1, 2                    
          and 11 under 35 U.S.C. § 103(a) based on Coleman.  With regard              
          to claims 1 and 2 on appeal, we agree with the examiner that                
          it is well known in the flower pot art to make multiple pots                
          that have generally the same shape and dimensions and to then               
          store those pots in a nested, stacked relationship.  Moreover,              
          we agree with the examiner that the collar and pot combination              
          seen in Figure 4 of Coleman would have been recognized by                   
          those of ordinary skill in the art as having the capability of              
          allowing such nestible, stacked storage thereof.  In that                   
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