Ex parte THOMAS - Page 9




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



          appeal, but as noted above, it is   clear to us that the                    
          flanges discussed in the paragraph bridging pages 1 and 2 of                
          Hinds would result in the bottom surface of the tray therein                
          having essentially the same groove arrangement as seen in                   
          appellants' Figures 1 through 4, except with slightly more                  
          squared U-shaped grooves.                                                   


                    The examiner's alternative rejection of claims 1                  
          through 5 under 35 U.S.C. § 103 based on Todd in view of Hinds              
          is also sustained.  Like the examiner, we are of the view that              
          the collective teachings of Todd and Hinds would have made it               
          obvious to one of ordinary skill in the art at the time of                  
          appellant's invention to provide the molded tray of Todd with               
          the flanged portions discussed in Hinds so as to gain the                   
          advantages expressly noted in Hinds regarding such flanged                  
          portions being positioned about the drain holes of the plant                
          cells of the tray. See Hinds page 1, line 84, through page 2,               
          line 8.  Again, it is our opinion that the resulting molded                 
          plant tray structure of the combination of Todd and Hinds                   
          would be identical to that set forth in appellant's claims on               

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