Appeal No. 2005-1009
Application No. 10/193,027
said base plate would function to improve ventilation and
drainage of said soil, said base plate comprising:
a top portion having a top surface, wherein a plurality of
thru-holes extend through said top surface, and wherein said top
portion has a perimeter portion; and
a sidewall that extends downwardly from said perimeter
portion of said top portion, wherein a plurality of openings
extend through said base plate’s sidewall and are sized to
prevent any significant passage of said soil while still being
capable of allowing fluid flow from a first area located adjacent
and exterior to said sidewall of said base plate to a second area
located beneath said top portion of said base plate.
THE PRIOR ART
The references relied on by the examiner to support the
final rejection are:
Waterer 603,492 May 03, 1898
Springer 611,523 Sep. 27, 1898
Lizzola 1,952,597 Mar. 27, 1934
Yohe 2,058,934 Oct. 27, 1936
Haglund 4,077,159 Mar. 07, 1978
THE REJECTIONS
Claims 1, 2, 4 through 10, 14 through 16 and 18 through 20
stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Yohe in view of Waterer.
Claims 3, 12, 17 and 21 through 24 stand rejected under 35
U.S.C. § 103(a) as being unpatentable over Yohe in view of
Waterer and Springer.
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