Ex parte THOMAS - Page 7




          Appeal No. 96-1323                                                          
          Application 08/295,118                                                      



          make up the integrally molded tray and open-ended plant cells               
          therein and would be spaced and oriented in the same manner as              
          set forth in appellant's claim 4 on appeal.                                 


                    The central one of the nine transversely extending                
          generally U-shaped grooves of this embodiment in Hinds would                
          be located equidistant from the two parallel side/end walls of              
          the tray and have a central axis which would be perpendicular               
          to the central axes of the longitudinally extending grooves or              
          "drive member receiving groove means" of the tray, and thus is              
          seen to be fully responsive to appellant's claimed "alignment               
          means" required in claims 3 and 5 on appeal.  As for the                    
          converging side walls of each plant cell defined in claim 2 on              
          appeal, this is clearly disclosed in Hinds at, for example,                 
          page 2, lines 85-89.                                                        


                    With respect to the above determinations, we observe              
          that the law of anticipation does not require that the                      
          reference specifically teach what the appellant has disclosed               
          and is claiming but only that the claims on appeal "read on"                

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