Ex parte DONALD E. WEDER - Page 2




          Appeal No. 96-1997                                                          
          Application No. 08/176,614                                                  


               The subject matter on appeal is directed to a method of                
          shaping a sheet of material about the outer surface of a flower             
          pot.  Claim 8 is exemplary of the invention and reads as follows:           
               8. A method for shaping a sheet of material about the outer            
          peripheral surface of a flower pot having an upper end and a                
          lower end, comprising:                                                      
                    providing a collar having an opening formed                       
               therethrough, the opening being shaped to receive the flower           
               pot so the flower pot extends through the opening formed in            
               the collar and so the collar extends generally about the               
               outer peripheral surface of the flower pot;                            
                    positioning and securing said collar on the outer                 
               peripheral surface of said flower pot                                  
                    shaping the sheet of material generally about at least            
               a portion of the outer peripheral surface of the flower pot            
               and generally about the collar; and                                    
                    connecting the sheet of material to the collar for                
               securing the sheet of material positioned generally about              
               the outer peripheral surface of the flower pot.                        

               The reference of record relied upon by the examiner in a               
          rejection of the claim under 35 U.S.C.  102(b) is:                         
          Clement             2,827,217                Mar. 18, 1958                  
                    A new reference relied upon by this panel of the Board            
          in a new ground of rejection pursuant to the provisions of 37 CFR           
           1.196(b) is:                                                              
          Weder               5,274,900           Jan. 4,   1994                      
                                             (Filed Dec. 3, 1992)                     


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