Appeal No. 96-1698
Application No. 07/926,098
of the flower pot and wherein the decorative cover
formed has an opening above the upper end of the
flower pot.
The references of record relied upon by the examiner in
rejections of the claims under 35 U.S.C. § 103 are:
Weder et al. (Weder) 4,773,182 Sep. 27, 1988
Brown (Great Britain) 1,096,058 Dec. 20, 1967
"Color Them Happy," Highland Supply Corporation, 1992
Claims 1, 4, 6 through 10, 29 through 32, 34 through
38, 40, 41, 54 through 59 and 146 through 149 stand rejected
under 35 U.S.C. § 103 as being unpatentable over the "Color Them
Happy" article in view of Brown.
Claims 23 through 28 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over the "Color Them Happy" article
in view of Brown and Weder.
Rather than reiterate the examiner's statement of the
above rejections and the conflicting viewpoints advanced by the
examiner and the appellant, we refer to paragraph 2 of Paper No.
15 and to paragraph 6 of Paper No. 12 for the examiner's
statement of the rejection, to pages 5 through 18 of the
appellant's brief and to the reply brief for the appellant's
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