Appeal No. 96-1323 Application 08/295,118 Looking first at the examiner's rejection of claims 1 through 5 under § 102(b), we are in agreement with the examiner that the molded, expanded polystyrene plant tray of Hinds is fully responsive to that set forth in the claims on appeal, and that the plant tray of Hinds is fully capable of being used with some form of drive member which would engage in the generally U-shaped grooves in the bottom wall of the tray therein, notwithstanding that the plant tray of Hinds is not specifically disclosed for such use. In this regard, we note that the molded plant tray of Hinds described at page 2, lines 40-45, as having square openings or plant cells therein, instead of the round openings or cells seen in Figure 1 of this reference, would appear to be identical to that seen in appellant's Figures 1 through 4 of the present application, with the sole possible exception being that the generally U- shaped grooves in the tray of Hinds would be more squared in cross-section than are those seen in appellant's drawing figures. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007