Ex Parte Gilberg - Page 3


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

              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 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;                                                 
                   wherein the recess is located in a portion of the                
              outer surface of the receptacle that is sufficiently                  
              near the surface of the liquid so that a majority of                  
              the plant is growing above the surface of the liquid,                 
              when the container is at least partially occupied by                  
              the liquid and when the plant is held in the recess.                  
                   18.  A plant display comprising:                                 
                   a transparent container having an inner surface                  
              defining an interior volume that is at least partially                
              occupied by a substantially transparent liquid;                       
                   a plant receptacle positioned at least partially                 
              within the interior volume of the transparent                         
              container so that at least a portion of the receptacle                
              is below a surface of the liquid, the receptacle                      
              resting on a bottom portion of the inner surface of                   
              the transparent container, the receptacle having an                   
              outer surface with a first recess that is at least                    
              partially occupied by a first substrate medium and a                  
              second recess that is at least partially occupied by a                
              second substrate medium;                                              
                   the first recess and first substrate medium being                
              adapted to hold a first live plant growing therein,                   
              wherein the first recess is located in a portion of                   
              the outer surface of the receptacle that is below the                 
              surface of the liquid occupying the container when the                
              container is at least partially occupied by the liquid                

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