Ex Parte Gilberg - Page 2


         Appeal No. 2004-1293                                                       
         Application No. 09/989,330                                                 

              The subject matter on appeal relates to a plant display               
         (claims 1-29) and to a method of managing a plant display                  
         (claims 30-32).  Further details of this appealed subject matter           
         are recited in illustrative claims 1, 17, 18, and 30, the only             
         independent claims on appeal, reproduced below:                            
                   1.  A plant display comprising:                                  
                   a transparent container having an inner surface                  
              defining an interior volume adapted to be at least                    
              partially occupied by a substantially transparent                     
              liquid;                                                               
                   a plant receptacle positioned at least partially                 
              within the interior volume of the transparent                         
              container in a manner so that at least a portion of                   
              the receptacle is below a surface of the liquid                       
              occupying the container when the container is at least                
              partially occupied by the liquid, the receptacle                      
              resting on a bottom portion of the inner surface of                   
              the transparent container, the receptacle having an                   
              outer surface with at least one recess, the recess                    
              being at least partially occupied by a substrate                      
              medium;                                                               
                   the recess and substrate medium occupying the                    
              recess being adapted to hold a live plant growing                     
              therein, wherein the recess is located in a portion of                
              the outer surface of the receptacle that is at least                  
              partially below the surface of the liquid occupying                   
              the container when the container is at least partially                
              occupied by the liquid so that the plant is at least                  
              partially below the surface of the liquid when the                    
              plant is held in the recess and substrate medium                      
              occupying the recess.                                                 
                   17.  A plant display comprising:                                 
                   a transparent container having an inner surface                  
              defining an interior volume adapted to be at least                    
              partially occupied by a substantially transparent                     
              liquid; and a plant receptacle positioned at least                    
                                                                                   
         entry of this proposed amendment.  (Advisory action mailed Mar.            
         6, 2003, paper 10.                                                         

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