Ex parte THOMAS - Page 5




          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.                                        

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