Appeal No. 2005-1009
Application No. 10/193,027
Claim 11 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Yohe in view of Waterer and Lizzola.
Claims 12 and 13 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Yohe in view of Waterer and Haglund.
Attention is directed to the brief (filed January 16, 2004)
and the final rejection and answer (mailed July 18, 2003 and May
20, 2004) for the respective positions of the appellant and
examiner regarding the merits of these rejections.
DISCUSSION
Yohe, the examiner’s primary reference, discloses a plant
receptacle having a false bottom structure which facilitates the
removal of a plant from the receptacle without disturbing its
roots or the soil compacted thereabout. Figures 3 through 7
illustrate an embodiment G comprising a container H and a false
bottom structure K. The container H, which is similar to a
conventional flower pot, includes an outer wall 55 and a fixed
bottom 56. The false bottom structure K consists of a false
bottom member 57 having a plurality of drain perforations 59
extending from its upper face 62 to its lower face 63, a rim 58
extending downwardly from the periphery of the false bottom
member 57 and a handle 64 secured to the false bottom member 57
and projecting upwardly therefrom. The handle 64 permits the
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