Ex Parte JOHNSTON - Page 2




          Appeal No. 2004-0404                                                        
          Application No. 08/992,878                                                  

          appellant and forwarded the application to this Board for review            
          of the new rejection of claims 1, 3, 6, 8 and 19.                           
               This is the second appeal to this Board involving the                  
          instant application.  A decision in the first appeal (Appeal No.            
          2001-2299), generally favorable to the appellant, issued on                 
          October 9, 2001 (Paper No. 16).                                             
                                   THE INVENTION                                      
               The invention relates to an envelope for packaging and                 
          displaying seeds.  Representative claims 1 and 19 read as                   
          follows:                                                                    
               1.  A seed envelope comprising:                                        
               (a) a folded sheet having a front face including an                    
          aperture, a back face, a bottom edge, a top edge, a first side              
          edge and a second side edge extending opposite each other from              
          said top edge to said bottom edge, height and width dimensions of           
          a seed envelope being a height from said top edge to said bottom            
          edge between about 9 cm and about 15 cm, and a width from said              
          first side edge to said second side edge between about 6 cm and             
          about 10 cm, said height being greater than said width, said                
          aperture being closer to said bottom edge than to said top edge;            
          said aperture being spaced between about ½ cm and about 2 cm from           
          said bottom edge, and at least ½ cm from each of said side edges,           
          the aperture having a width of at least 1 cm, whereby a desired             
          quantity of seeds placed within the seed envelope is seen through           
          the aperture when the seed envelope rests on its bottom edge                
          while retaining sufficient structural stability to permit the               
          insertion of the seeds without being destroyed; and                         
               (b) a transparent sheet attached to said front face covering           
          said aperture.                                                              

               19.  A seed envelope comprising:                                       

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