Ex parte BEESON JR. et al. - Page 7




          Appeal No. 2001-0386                                       Page 7           
          Application No. 08/614,358                                                  


          1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,               
          1016, 173 USPQ 560, 562 (CCPA 1972).                                        


               All the claims under appeal define a system that includes              
          a plurality of water collection means to capture overhead                   
          water and direct the overhead water to plant containers                     
          wherein the water collection means has an outer mating                      
          perimeter having mating edges configured to abut in a                       
          continuous, contiguous manner with corresponding mating edges               
          of other water collection means, and where the mating edges of              
          each water collection means are abutted with mating edges of                
          adjacent other water collection means to form a continuous                  
          water capture surface such that all overhead water is captured              
          and directed into the plant containers such that no water                   
          falls between adjacent plant containers.  However, these                    
          limitations are not suggested by the applied prior art.  In                 
          fact, in the rejections before us in this appeal (final                     
          rejection, p. 3), the examiner did not even find these                      
          limitations to have been obvious at the time the invention was              
          made to a person of ordinary skill in the art.  Instead, the                
          examiner found, at best, that it would have been obvious at                 







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