Ex parte PHILLIPSON - Page 15




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


          skill in the art at the time of appellant’s invention to nest               
          an appropriate container therein, since such a storage                      
          technique is a well known expedient in the flower pot art.                  
          Contrary to appellant’s argument (brief, page 29), while                    
          Coleman does not expressly describe nesting of the containers               
          therein, such nesting is well known in the art for permitting               
          storage of flower pots within a minimum of storage                          
          space, and the collar or ring member (10) of Coleman is sized               
          and dimensioned so as to permit or facilitate such nesting                  
          with an appropriately sized second container.                               


          Our position on the first and second "decorative                            
          characteristics" set forth in claims 14 and 15 on appeal is                 
          abundantly clear from our discussions of Coleman and this                   
          issue above.  As for the requirements of claims 16 and 17 on                
          appeal regarding the formation of a locking tab "at an                      
          extremity of the ring member" and the formation of the locking              
          tab so as to form a camming surface at "an extremity" of the                
          ring member, we consider that these features are clearly                    
          present in Coleman.  As can be readily seen in Figures 3 and 4              
          of Coleman, the locking tabs or lips (15) of the collar or                  
                                         15                                           





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