Appeal No. 2005-1009
Application No. 10/193,027
false bottom member 57, and the plant, roots and soil supported
thereby, to be lifted out of the container.
As conceded by the examiner (see pages 2, 3, 6 and 9 in the
final rejection), Yohe does not respond to the limitations in
independent claim 1, or the corresponding limitations in
independent claims 10, 14 and 21, requiring the sidewall of the
base plate to include a plurality of openings.1 In this regard,
Yohe’s base plate (false bottom member 57) does not have any
openings in its sidewall (rim 58). To overcome this deficiency,
the examiner turns to Waterer.
Waterer discloses an ornamental jardiniere for holding a
flower pot. The jardiniere comprises a chamber 1, sides 2, a
bottom 3, a base-rim 4, an outlet opening 6 in the bottom 3, and
a flower pot stand 20 disposed in the chamber 1 above the opening
6. For purposes of the appealed rejections, the examiner focuses
on the construction of the stand 20. Waterer teaches that
[t]he stand 20 is formed as a flat ductile-metal
plate 21, with radial ribs 22 raised on the upper side,
so as to permit water to flow outwardly from the
central opening in the bottom of the flower-pot, and
with a downwardly and outwardly inclined rim 23, having
perforations 23' in it and notches 23" in the lower
edge to permit water to flow to the outlet 6.
. . .
1 Claims 10 and 21 recite “flow channels” rather than
“openings.”
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