The opinion in support of the decision being entered
today was not written for publication and is not binding
precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte BLAKE WHISENANT
______________
Appeal No. 2005-2178
Application 09/969,882
_______________
ON BRIEF
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Before PAK, WARREN and KRATZ, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 14 and 22, and refusing to allow claims 17 and 27 as amended subsequent to the
final rejection, which claims are all of the claims in the application.
Claim 14 illustrates appellant’s invention of a method of successively growing plants
from at least two batches of seedlings or seeds during at least two growing seasons, respectively,
and is representative of the claims on appeal:
1. A method of successively growing plants from at least two batches of seedlings or
seeds during at least two growing seasons, respectively, said method comprising:
providing a reservoir container,
providing a perforated partition spaced above the bottom of said container to form a
space,
substantially filling the interior of said reservoir container above said perforated partition
with a plant growing medium,
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