Ex Parte Gilberg - Page 4


         Appeal No. 2004-1293                                                       
         Application No. 09/989,330                                                 

              so that the first plant is at least partially below                   
              the surface of the liquid; and                                        
                   the second recess and second substrate medium                    
              being adapted to hold a second live plant growing                     
              therein, wherein the second recess is located in a                    
              portion of the outer surface of the receptacle that is                
              above the surface of the liquid occupying the                         
              container when the container is at least partially                    
              occupied by the liquid so that the second plant is                    
              above the surface of the liquid.                                      
                   30.  A method of managing a plant display                        
              comprising the steps of:                                              
                   providing a transparent container having an inner                
              surface defining an interior volume;                                  
                   at least partially filling the interior volume of                
              the container with a substantially transparent liquid;                
                   providing a plant receptacle having an outer                     
              surface with at least one recess;                                     
                   at least partially filling the recess with a                     
              substrate medium;                                                     
                   planting a live plant in the substrate occupying                 
              the recess; and                                                       
                   positioning the receptacle at least partially                    
              within the interior volume of the transparent                         
              container with the receptacle resting on a bottom                     
              portion of the inner surface of the transparent                       
              container and in a manner so that the recess is below                 
              a surface of the liquid occupying the container.                      
              The examiner relies on the following prior art references             
         as evidence of unpatentability:                                            
         Gillinder           715,571             Dec. 09, 1902                      
         DiLernia            5,867,938           Feb. 09, 1999                      
         Gates              6,179,218 B1        Jan. 30, 2001                      
                                          (filed Feb. 02, 1999)                     
         Satterlee Nursery, Planting Depths of Various Water Plants, at             
         http://www.satterleenursery.com/planting_depth_diagram.gif                 
         (publication date unknown)(Satterlee).                                     


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