Appeal No. 2005-2178
Application 09/969,882
Appellant responds that Geraldson does not disclose that the fertilizer mixture is
coextensive with the upper surface of the growing medium as the reference requires that the
fertilizer is separate from the location of the plant roots (reply brief, page 6).
On this record, we agree with the examiner. We found above that Geraldson would have
taught that fertilizer mixture 17 is placed as a band at the side of the plant openings 6 so that salt
deposits will form away from the roots of plant 10 (see above pp. 6-7), and that Whisenant
would have taught that confinement of the foots in cup-shaped, root confining growing partition
32 will keep the mineral or salt deposits formed in the plant nutrient medium from affecting the
growth of the plant (see above p. 8). Thus, not only would Whisenant have taught one of
ordinary skill in the art that partition 32 would confine the roots but also that the partition would
further keep the salt deposits away therefrom. On this record, we determine that one of ordinary
skill in this art would have modified the container reservoir of Geraldson with root confining
partition 32 for the plants to be grown would have further provided growth medium, including
fertilizer, around the partition as suggested by Whisenant in the reasonable expectation of
confining the roots and protect the roots from mineral and salt deposits.
On this record, we determine that it would not have been unexpected by one of ordinary
skill in this art that the number of growing partitions inserted into the container reservoir of
Geraldson in preparing it for planting following the combined teachings of Geraldson and
Whisenant, for the number of seedling expected to be planted for one season or session, were not
all used because of the unplanned unavailability or health of the seedlings intended to be planted.
Thus, in this instance, the reservoir container would in fact have a residual amount of fertilizer
and potting mix remaining which would have led this person to plant an additional batch of
seedlings in the unused growing partitions in a second growing season or session in the
reasonable expectation of economically utilizing the residual amount of fertilizers and potting
mix remaining in the reservoir container after harvesting the plants grown in the first season or
session. See generally Pro-Mold, 75 F.3d at 1573, 37 USPQ at 1629-30.
Therefore, we determine that one of ordinary skill in this art routinely following the
combined teachings of Geraldson, Tisdale and Whisenant would have reasonably arrived at the
claimed method encompassed by appealed claims 14 and 17, including each and every limitation
- 16 -
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: November 3, 2007