Appeal No. 2005-1009
Application No. 10/193,027
The ductile plate-metal support 20 for the flower-
pot provides for the free egress of water from the
flower-pot when it is required to be drained and is
valuable in protecting the jardiniere from breakage in
placing the flower-pot in it by preventing the flower-
pot from coming into contact directly with the bottom
and by yielding by reason of its ductile and elastic
properties at the point of contact of the rim 23 with
the bottom 3, so as to distribute the weight and shock
(if the pot is dropped) upon the entire circumference
of the bottom 3, where it is strengthened by the rim 4
and sides 2, thus greatly reducing the risk of breakage
of the jardiniere [page 1, line 95, through page 2,
line 30).
In proposing to combine Yohe and Waterer, the examiner
submits that it would have been obvious “to employ a plurality of
opening/flow channels as taught by Waterer in the sidewall of the
base plate of Yohe in order to allow aeration and drainage”
(final rejection, page 3).
Yohe, however, does not give any indication that the drain
perforations 59 in false bottom member 57 are inadequate for
their intended purpose. Moreover, the lack of any opening in the
bottom 56 of the Yohe flower pot H (see Figure 4) casts
considerable doubt on the examiner’s contention that the addition
of openings or flow channels to the sidewall (rim 58) of the base
plate (false bottom member 57) would allow or improve aeration.
Thus, the combined teachings of Yohe and Waterer do not support
the examiner’s reasoning as to why it would have been obvious to
combine the two references. Despite their structural
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