Ex parte PHILLIPSON - Page 16




          Appeal No. 1998-3413                                                        
          Application No. 08/512,782                                                  


          ring member (10) are located at the lower "extremity" of the                
          ring member and include a camming surface at the lower                      
          extremity which permits sliding of the camming surface along                
          the outer surface of the flower pot rim and engagement of the               
          locking tabs or lips (15) under the shoulder (18N) of the rim.              
          Unlike appellant’s claim 3 above, claims 16 and 17 on appeal                
          do not require that the locking tabs be formed at an outer                  
          extremity of the ring member, but merely set forth that such                
          tabs are formed at an extremity of the ring member (e.g., in                
          the case of Coleman, at the lower extremity of the collar or                
          ring member 10).                                                            


          Regarding the examiner’s rejection of claims 18 and 19                      
          under 35 U.S.C. § 103(a) based on Coleman in view of "the                   
          state of the art," we observe that independent claim 18 sets                
          forth the step of molding a rim of a flower pot with the rim                
          defining a continuous radius (e.g., 28 in application Fig. 2)               
          at the upper extremity of the side wall (14) of the pot and                 
          extending downwardly along the outside of the side wall of the              
          flower pot (see rim 26 in Fig. 2).  In addition, this claim                 
          requires the step of molding a decorative resilient ring                    
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