Ex Parte Roskin - Page 2




                Appeal No. 2005-1238                                                                               Page 2                    
                Application No. 09/874,031                                                                                                   



                                                            BACKGROUND                                                                       
                        The appellant's invention relates to devices and methods that are used to divide                                     
                a container into sections so that the container can better be used to hold a designed                                        
                floral arrangement.  More particularly, the present invention relates to partitioned covers                                  
                for vases, and other traditional flower holding containers, that assist in the formation of a                                
                floral design (specification, p. 1).  A copy of the dependent claims under appeal is set                                     
                forth in the appendix to the appellant's brief.  Claims 11, 19 and 22, the independent                                       
                claims on appeal, read as follows:                                                                                           
                        11. An assembly, comprising:                                                                                         
                                 a container having an open top end with a predetermined maximum width;                                      
                                 an elastomeric cover element for covering said open top end, said cover                                     
                        element having an unstretched width that is smaller than said maximum width of                                       
                        said open top end wherein said cover element must be elastically stretched to a                                      
                        stretched width greater than said maximum width of said open top end to cover                                        
                        said open top end; and                                                                                               
                                 a grid pattern of openings defined in said cover element, said grid pattern                                 
                        having multiple rows and multiple columns, wherein multiple openings are                                             
                        arranged in each of said rows and each of said columns.                                                              
                        19.      A method of preparing a vase for a floral arrangement, wherein the vase                                     
                        has an open top with a maximum width at least one point, said method                                                 
                        comprising the steps of:                                                                                             
                                 providing an elastomeric cover, containing a plurality of openings that are                                 
                        arranged in a grid pattern of multiple rows and multiple columns, wherein said                                       
                        elastomeric cover has a width that is less said maximum width of said vase, and                                      
                        wherein multiple openings are present in each of said rows and said columns;                                         
                                 stretching said elastomeric cover over said open top of said vase, wherein                                  
                        said width of said elastomeric cover elastically increases to a width greater than                                   
                        that of said vase and engages said vase around said open top.                                                        








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