Appeal No. 2004-0915 Page 8
Application No. 09/919,469
“placing” step follow the “growing” step and that the “closing” step follow the “placing”
step, Spencer teaches inspecting the root plugs after the seeds have germinated to the
seedling stage by opening the container, removing the root plugs, observing them,
placing them back into the container and closing the container, thereby meeting the
claim limitations at issue.
In light of the above, appellant’s arguments fail to persuade us of error on the
part of the examiner in rejecting claim 4 as being unpatentable over Spencer in view of
Wareing. This rejection is thus sustained.
The rejection is also sustained with respect to claims 7, 8, 10, 14 and 15. With
respect to claim 7, the snap-fit cover arrangement taught by Wareing is a latch4 and
appellant has not challenged the examiner’s determination that it would have been
obvious to provide such a cover on Spencer’s container, as discussed above. With
respect to claim 8, which calls for venting to allow the plants to have access to fresh air,
Spencer’s container is provided with several openings, such as those formed in the
region of the interfaces 53, 54 of the wall members 51, 52, as well as openings 22
which allow fresh air (for “Air-Pruning”) to reach the plants via the roots. Appellant’s
arguments with respect to claims 10, 14 and 15 are the same as those advanced with
respect to claim 4 and are unpersuasive for the reasons discussed above.
4 A “latch” is “a fastening for a window, etc.” (Webster's New World Dictionary, Third College
Edition (Simon & Schuster, Inc. 1988)).
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