Ex Parte Searle et al - Page 2



          Appeal No. 2006-1428                                        Παγε 2                          
          Application No. 10/669,157                                                                  

               A planter for high-density growth of plants comprising:                                
               (a) a first bottom;                                                                    
               (b) a first front wall, a first back wall, and first and                               
          second side walls disposed on said first bottom such that said                              
          first bottom, first front wall, first back wall, and first and                              
          second side walls define a first cavity for receiving a plant                               
          growth medium for supporting roots of said plants, wherein said                             
          first front wall and first and second side walls comprise a                                 
          plurality of holes configured for permitting stems of said plants                           
          to extend therethrough, and wherein the first bottom, first front                           
          wall, or first back wall comprises at least one drain hole for                              
          permitting liquids to drain therethrough; and                                               
               (c) a first flange disposed on said first side wall                                    
          configured for permitting attachment of a second bottom, a second                           
          front wall, and a second back wall thereto, and a second flange                             
          disposed on said second side wall configured for permitting                                 
          attachment of a third bottom, a third front wall, and a third                               
          back wall thereto.                                                                          
               The prior art references of record relied upon by the                                  
          examiner in rejecting the appealed claims are:                                              
          Rolfe et al. (Rolfe)  4,287,997   Sep. 8, 1981                                              
          A  (Australian Patent)U 9217076A    Khoury   May 29, 1991                                                        

               Claims 1, 2, 4, 5, 7-10 and 13-24 stand rejected under                                 
          35 U.S.C. § 103(a) as being unpatentable over Khoury in view of                             
          Rolfe.                                                                                      
               Rather than reiterate the conflicting viewpoints advanced                              
          by the examiner and the appellants regarding the above-noted                                
          rejection, we make reference to the answer (mailed October 14,                              














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