The opinion in support of the decision being
entered today was not written for publication
and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ANDREW D. ROSE
____________
Appeal No. 2005-1009
Application No. 10/193,027
____________
ON BRIEF
____________
Before FRANKFORT, MCQUADE and BAHR, Administrative Patent Judges.
MCQUADE, Administrative Patent Judge.
DECISION ON APPEAL
Andrew D. Rose appeals from the final rejection of claims 1
through 24, all of the claims pending in the application.
THE INVENTION
The invention relates to “a base plate adapted for insertion
into the interior of an empty flowerpot” (specification, page 1).
Representative claim 1 reads as follows:
1. A base plate designed for placement within a conventional
plant receptacle, wherein said plant receptacle is of the type
having a substantially planar base and a sidewall that extends
upwardly from said base, wherein said base plate is adapted to
rest directly on said base and then be covered with soil whereby
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