Ex Parte Roskin - Page 3




                Appeal No. 2005-1238                                                                               Page 3                    
                Application No. 09/874,031                                                                                                   



                        22.      A floral arrangement cover for a vase, wherein the vase has an open top,                                    
                        said cover comprising:                                                                                               
                                 an elastic planar top surface in which are defined a plurality of openings                                  
                        that are arranged in a grid pattern of multiple rows and multiple columns, wherein                                   
                        multiple openings are disposed within each of said rows and said columns;                                            
                                 an elastic peripheral wall that extends downwardly from said planar top                                     
                        surface, said elastic planar top and said elastic peripheral wall being elastically                                  
                        stretchable to a stretched size where said peripheral wall can receive the open                                      
                        top of the vase therein and said elastic planar top spans the open top of the                                        
                        vase, wherein said peripheral wall engages the vase around the open top by                                           
                        contracting around the open top.                                                                                     


                        The prior art references of record relied upon by the examiner in rejecting the                                      
                appealed claims are:                                                                                                         
                Saks et al. (Saks)                        2,876,587                                Mar. 10, 1959                             
                McElroy                                   4,901,881                                Feb. 20, 1990                             
                Turner                                    EP 0 182 453 A1                          May 28, 1986                              


                        Claims 5, 7, 9 to 15 and 17 to 22 stand rejected under 35 U.S.C. § 103 as being                                      
                unpatentable over Turner in view of McElroy.                                                                                 


                        Claims 8 and 16 stand rejected under 35 U.S.C. § 103 as being unpatentable                                           
                over Turner in view of McElroy and Saks.                                                                                     











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