Appeal No. 2003-0306 Page 2
Application No. 08/967,043
BACKGROUND
The appellant’s invention relates to a vegetation element for use in precultivation
or direct on-site sodding. Further understanding of the invention can be obtained from
a reading of claim 23, which is reproduced, infra, in the opinion section of this decision.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Nestor 2,648,165 Aug. 11, 1953
Allen 2,923,093 Feb. 2, 1960
Lippoldt et al. (Lippoldt) 3,516,196 Jun. 23, 1970
Angruner 3,890,910 Jun. 24, 1975
Schmidt 4,272,919 Jun. 16, 1981
Muldner 4,318,248 Mar. 9, 1982
Claims 23, 29, 30 and 37-40 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Allen in view of Muldner.
Claim 25 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Allen in view of Muldner and Schmidt.
Claim 26 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Allen in view of Muldner, Schmidt and Nestor.
Claim 27 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over
Allen in view of Muldner, Schmidt and Lippoldt.
Claims 31-33 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Allen in view of Muldner and Angruner.
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