Appeal No. 1998-2726
Application 08/440,991
claim, the invention comprises a plurality of growing modules,
irrigation means for applying water to the plants therein
below the surface of the modules, means for removable
attaching the modules together, with “a plurality of said
modules having a synthetic surface forming a pathway.” The
European reference fails to disclose a pathway of any kind.
Tomarin discloses a simulated grass playing field, but the
examiner has not pointed out where this reference teaches
using the product as a pathway. Therefore, it is our view
that one of ordinary skill in the art would not have found
suggestion in either of the references to modify the modules
disclosed in the European reference by providing them with a
synthetic surface forming a pathway. The references thus fail
to establish a prima facie case of obviousness with regard to
the claimed subject matter, and we will not sustain the
rejection.
SUMMARY
None of the rejections are sustained.
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