Appeal No. 2005-2178
Application 09/969,882
locating into the upper portion of said growing medium a plurality of means for confining
the roots of plants, said plurality comprising a first and second set of said means for confining
the roots of plants,
providing a source of fertilizer on the upper surface of said growing medium sufficient
for the growth of said at least two batches with one initial set up of growing medium and
fertilizer,
covering the filled reservoir container with a cover sheet,
cutting holes in said cover sheet at locations above respective said first set of means for
confining the roots of plants,
planting said first bath of seeds or seedlings through said respective holes into the
growing medium,
adding water to the space formed between the bottom of the reservoir container and said
perforated partition, said watering step being repeated multiple times during the growing season
for said first batch of seeds or seedlings,
harvesting the output of the plants grown from said first batch of seeds or seedlings,
cutting holes in said cover sheet at locations above respective said second set of means
for confining the roots of plants,
planting said second batch of seeds or seedlings through said respective holes into the
growing medium, and
adding water to the space formed between the reservoir container and said perforated
partition, said watering step being repeated multiple times during the growing season for said
second bath of seeds or seedlings.
The references relied on by the examiner are:
Whisenant 5,103,584 Apr. 14, 1992
Geraldson 6,332,287 Dec. 25, 2001
Samuel L. Tisdale et al. (Tisdale), Soil Fertility and Fertilizers, 609-10 (3rd. ed., New York,
Macmillan Publishing Co., Inc. 1975).
The examiner has rejected appealed claims 14, 17, 22 and 27 under 35 U.S.C. § 103(a) as
being unpatentable over Geraldson in view of Tisdale and Whisenant (advisory action, mailed
December 8, 2004 (advisory action), page 2).1,2
1 The examiner did not cite any Office action with respect to the statement of the ground of
rejection (answer, page 3). MPEP § 1208 (8th ed., Rev. 2, May 2004; 1200-16 – 1200-17). We
find the ground of rejection stated in the advisory action mailed December 8, 2004 (advisory
action), in response to appellant’s amendment filed November 23, 2004, subsequent to the final
rejection.
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