Ex Parte Whitcomb - Page 2




          Appeal No. 2005-2481                                                             
          Application No. 10/075,096                                                       

          This appealed subject matter is adequately represented by independent            
          claims 1 and 49 which read as follows:                                           
                1.  A root growth barrier, comprising a layer of a                         
                root-tip-trapping material bonded to a layer of a                          
                root-impenetrable material.                                                
                49. A root growth barrier, comprising:                                     
                     a polymer sheet having a surface bonded to a porous                   
                fabric.                                                                    
                The references set forth below are relied upon by the examiner in          
          the § 102 and § 103 rejections before us.                                        
          Thomas     5,311,700  May  17, 1994                                              
          Flasch, Jr. (Flasch) 5,852,896  Dec. 29, 1998                                    
          Kalpin    3,094,810  Jun. 25, 1963                                               
          Reiger     6,202,348  Mar. 20, 2001                                              
                                          (Filed Jun. 22, 1998)                            
          Billings    6,223,466  May  01, 2001                                             
                                          (Filed Oct. 08, 1999)                            
          Berlit et al. (Berlit).  GB 2,073,576 Oct. 21, 1981                              
          Van der Goorbergh   EP 300578  Jan. 25, 1989                                     
                Claims 1, 2, 4, 13-16, 18, 19, 29, 30, 41, 46, 48, 49, 53 and 63           
          are rejected under 35 U.S.C. § 102(b) as being anticipated by Berlit.            
                Under 35 U.S.C. § 103(a), the remaining claims on appeal are               
          rejected as being unpatentable over Berlit alone or in various                   
          combinations with the other applied references listed above.                     
                We refer to the brief and reply brief and to the answer (as well           
          as the final action mailed January 14, 2004 which is alluded to on               
          page 3 of the answer) for a complete exposition of the opposing                  
          viewpoints expressed by the appellant and by the examiner concerning             
          the above noted rejections.                                                      

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