Ex Parte Whitcomb

Patent Trial and Appeal Board

Jan 14, 2019

14681339 (P.T.A.B. Jan. 14, 2019)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
14/681,339 04/08/2015
153901 7590 01/16/2019
Jeffrey L. Streets
20319 Corbin Creek Drive
Cypress, TX 77433
FIRST NAMED INVENTOR
Carl E. Whitcomb
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
WHIT/0057.B 4285
EXAMINER
PARSLEY, DAVID J
ART UNIT PAPER NUMBER
3643
NOTIFICATION DATE DELIVERY MODE
01/16/2019 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
j streets@streetsiplaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Exparte CARLE. WHITCOMB 1
Appeal 2018-004669
Application 14/681,339
Technology Center 3600
Before MICHAEL L. HOELTER, JEREMY M. PLENZLER, and
ALYSSA A. FINAMORE, Administrative Patent Judges.
Opinion for the Board filed by Administrative Patent Judge HOELTER
Opinion Dissenting-in-Part filed by Administrative Patent Judge
PLENZLER
HOELTER, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
This is a decision on appeal, under 35 U.S.C. § 134(a), from the
Examiner's Non-Final Rejection of claims 1-21, which constitute all the
claims pending in this application. App. Br. 2. We have jurisdiction under
1 The Application Data Sheet dated April 8, 2015 identifies Lacebark, Inc. as
the applicant by way of an assignment. Thus, in accordance with 37 C.F.R.
§ 1.46, we understand Lacebark, Inc. is the Appellant. See also App. Br. 2.
Appeal 2018-004669
Application 14/681,339
35 U.S.C. § 6(b). For the reasons explained below, we AFFIRM the
Examiner's rejections.
THE CLAIMED SUBJECT MATTER
The disclosed subject matter "relates generally to devices for watering
a plant, and more particularly to devices for watering a plant growing in an
individual container." Spec. ,-J 2. Apparatus claim 1 and system claim 11
are independent. Claim 1 is illustrative of the claims on appeal and is
reproduced below.
1. A water retention device for use with a plant container,
compnsmg:
a plate structure including a central cover and a sidewall
extending from a perimeter of the central cover, wherein the
sidewall supports the central cover above a growth medium in
the plant container; and
a linear trough formed in the central cover for receiving
water from a drip tube, wherein the trough includes a plurality of
holes for the passage of water from the trough to the growth
medium within the plant container.
REFERENCES RELIED ON BY THE EXAMINER
Valente
Meharg
Peng
Manning
us 4,403,443
us 5,184,421
us 5,315,783
US 2005/0145716 Al
THE REJECTIONS ON APPEAL
Sept. 13, 1983
Feb. 9, 1993
May 31, 1994
July 7, 2005
Claims 7 and 17 are rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly point out and
distinctly claim the subject matter which applicant regards as the invention.
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Application 14/681,339
Claims 1-4, 8, and 11-14 are rejected under 35 U.S.C. § 102(b) as
anticipated by Peng.
Claims 5-7 and 15-17 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Peng and Meharg.
Claims 9 and 18 are rejected under 35 U.S.C. § 103(a) as unpatentable
over Peng and Valente.
Claims 10 and 19-21 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Peng and Manning.
ANALYSIS
The rejection of claims 7 and 17 as being indefinite
With respect to each claim, the Examiner addresses the limitation "the
slot" recited therein. See Non-Final Act. 3. The Examiner states, "[t]here is
insufficient antecedent basis for this limitation in the claims." Non-Final
Act. 3. Appellant does not address this rejection in the Appeal Brief. See
App. Br. 4. In the subsequent Examiner's Answer, the Examiner states that
"[i]t is noted that appellant has not provided any arguments with respect to
the 35 U.S.C. 112(b) rejections of claims 7 and 17 detailed in the office
action dated 12-19-1 7. "2 Ans. 3. Appellant, again, does not address this
rejection in the Reply Brief. See Reply Br. 2. Accordingly, we summarily
sustain the Examiner's rejection of claims 7 and 17 as being indefinite for
the reasons expressed by the Examiner above.
2 Although the Examiner refers to 35 U.S.C. § l 12(b), we understand the
Examiner's rejection is based on the pre-AIA version of this statute, namely
35 U.S.C. § 112, second paragraph. See Non-Final Office 2 ("The present
application is being examined under the pre-AIA first to invent
provisions.").
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Application 14/681,339
The rejection of claims 1--4, 8, and 11-14
as anticipated by Peng
Appellant argues claims 1-3, 8, and 11-13 together. App. Br. 12-16.
Appellant also presents separate arguments for claims 4 and 14 (together).
App. Br. 15-16. We select claims 1 and 4 for review, with the remaining
claims (i.e., claims 2, 3, 8, and 11-14) standing or falling with their
respectively grouped claim. See 37 C.F.R. § 41.37(c)(l)(iv).
Claim 1
Independent claim 1 includes the limitation of "a plate structure." The
Examiner correlates this limitation to Peng' s "plant container comprising a
plate structure - at 13." Non-Final Act. 3. Claim 1 further recites that this
"plate structure" includes "a central cover and a sidewall extending from a
perimeter of the central cover." The Examiner also correlates this limitation
to Peng stating "see sides of 13 extending upward and downward along the
thickness of 13 from the top and bottom perimeter." Non-Final Act. 3.
Appellant, however, contends that Peng "does not identify any portion of the
pot cover 13 that disclose the claimed 'central cover,"' and further, "any
exposed edge or thickness of Peng's pot cover 13 is merely a part of the pot
cover and does not extend from any portion of the pot cover 13." App. Br.
12, 13; see also Reply Br. 4.
In response, the Examiner addresses Figure 1 C of Peng which,
according to the Examiner, discloses multiple perimeters including "the
perimeter around the top edge and another perimeter around the bottom
edge." Ans. 3. The Examiner reaffirms the recited "sidewall" as "being the
thickness of the cover - at 13, extending downwardly from the top edge
perimeter and upwardly from the bottom edge perimeter." Ans. 3.
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Application 14/681,339
Appellant objects stating "the 'thickness of the cover' is not a
sidewall." Reply Br. 3. According to Appellant, "[t]he Examiner's
interpretation of the term 'sidewall' is unreasonably broad, since it would
mean that every material having more than an infinitesimal thickness would
have a sidewall." Reply Br. 3. However, Appellant does not explain how
there is not a sidewall associated with every material that has more than an
infinitesimal thickness.
Appellant also contends that one skilled in the art "would consider a
sidewall to be a separate structure having its own thickness, not merely
formed by the thickness of the cover 13." Reply Br. 3. However, this
requirement of a sidewall being a separate structure and having its own
thickness is not consistent with the language of claim 1 as presently
presented. As indicated above, claim 1 merely recites "a plate structure
including a central cover and a sidewall extending from a perimeter of the
central cover." There is no requirement that the sidewall be a "separate
structure" as Appellant argues (see Reply Br. 3), only that the "plate
structure" includes a sidewall (extending from the cover), and Appellant
does not explain how Peng's corresponding "plate structure" 13 lacks this
structure. Regarding the claim recitation of the "sidewall extending from a
perimeter of the central cover," it is clear from the Examiner's findings that
the Examiner correlates the top of Peng's pot cover 13 as the "central
cover," with Peng's sidewall extending therefrom. 3 See Ans. 3.
3 It may be that Appellant is confused as to what the sidewalls are to extend
from. Claim 1 recites the sidewall extending from "a perimeter of the
central cover" and not from a perimeter of the "plate structure." This is
evident from Appellant's assertion, "[ r Jather, any exposed edge or thickness
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Application 14/681,339
Appellant further contends, "Peng does not disclose 'wherein the
sidewall supports the central cover above a growth medium in the plant
container."' App. Br. 13. More specifically, Appellant asserts that Peng's
"pot cover 13 does not include any structure that [ meets this limitation]."
App. Br. 14; Reply Br. 5. However, with the understanding of the recited
"central cover" corresponding to the top of Peng's plate structure 13 as
expressed by the Examiner (see supra), Appellant does not explain how the
thickness of Peng' s plate structure 13 fails to support that top surface above
the growth medium. See also Ans. 3 ("As seen in [Peng] figure 4, the
sidewall not labeled but shown at the edge of the top cover, contacts the
upper portion of the plant container and upper ledge of the plant container -
at ID and this connection/contact between the cover sidewall and the plant
container allows for the entire cover - at 13 to be supported above the
growth medium" (emphasis added)).
Appellant also contends, "Peng does not disclose 'a linear trough
formed in the central cover."' App. Br. 14. The Examiner finds that "linear
troughs are formed at items 133" and that "[i]tems 133 of Peng, have gaps
between them [ such that] any water from rain or dew on the cover is
funneled to opening - at 132." Ans. 4; see also Non-Final Act. 4. In short,
"items 133 of Peng in combination form a trough structure that functions as
a trough." Ans. 4. Appellant states that a skilled person "would understand
the word 'trough' to refer to an elongate and shallow receptacle that is
open along the length of the top." App. Br. 14; Reply Br. 6. Accordingly,
of Peng's pot cover 13 merely defines a perimeter of the pot cover and does
not in any way 'extend' from any portion of the pot cover 13." Reply Br. 4;
cf Non-Final Act. 3 ("Peng's pot cover 13" being equated to Peng's "plate
structure - at 13.").
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Application 14/681,339
as per Appellant, a skilled person "would not interpret a flat surface having a
plurality of protrusions 133, as disclosed by Peng, to include or be 'a
trough'" and that "[t]here is nothing about Peng's 'pot cover 13' or the
asserted 'between items 133' that disclose 'a trough."' App. Br. 14.
Appellant further states, "[t]here is nothing about [Peng's] cover 13 that
would form a receptacle." Reply Br. 6.
Regarding only the requirement of a "trough" (the "linear" component
of this trough will be discussed below), Appellant does not make clear how a
combination of Peng's protrusions 133, having a valley between them, is
not, as defined, a "shallow receptacle that is open along the length of the
top." See supra. Peng specifically describes the purpose of protrusions 133
and bottom holes 132 as being "to collect rain water and dews effectively"
and to channel such moisture "onto the soil 90 through the water dropping
holes 132." Peng 3:4-11; see also Non-Final Act. 4. Hence, we do not find
the Examiner erred in ascertaining that Peng' s protrusions 13 3 "function[] as
a trough" as this term is defined by Appellant. Ans. 4.
Regarding the requirement of this "trough" be "linear," Appellant
contends that "those arcuate protrusions 133 do not form a 'linear trough"'
(App. Br. 14) and that claim 1 is "directed to 'a linear trough"' (Reply Br.
6). The Examiner disagrees stating, "[ a Js seen in figures 1 C and 4 of Peng,
linear troughs are formed at items 133." Ans. 3-4.
A review of Peng's figures shows protrusions 133 being arranged in a
distinct row and column formation, i.e., they are not randomly located. As
to be expected, such rows and columns are each arranged linearly in an
orthogonal pattern with respect to each other, with holes 132 likewise being
linearly aligned between the protrusions 133. The Examiner notes this
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Application 14/681,339
stating that Peng's "troughs" "are long as seen in figures IC and 4 where the
troughs extend[] along the length/width of the cover assembly at 13."
Ans. 4. Accordingly, Appellant's arguments to the contrary are not
persuasive.
Claim 4
Claim 4 includes the additional recitation of the trough having "first
and second ends that have a tapered depth." The Examiner references
Figure 4 of Peng as disclosing "tapered troughs." Non-Final Act. 4; see also
Ans. 4 (finding "the troughs formed at 133, taper down from the top of the
trough to the bottom of the trough along the length of the trough including
the ends of the troughs"). Appellant contends, "it must be kept in mind that
the pot cover 13 has a plurality of 'arcuate protrusions 133' spread out
across the surface of the pot cover 13 as shown in FIG. IC." App. Br. 15;
see also Reply Br. 7. While this is indeed the case (i.e., Peng's protrusions
133 are spread out across a surface), Appellant's contention has no bearing
on whether these protrusions that form the recited "trough" are "tapered' or
not. Figure 4 of Peng clearly discloses protrusions 133 being tapered from
an apex to the valley between adjacent protrusions. Thus, Appellant's
contention that "[t]he rejection is merely conclusory" and that a skilled
person "would not understand Peng as disclosing a linear trough having first
and second ends that have a tapered depth" is not persuasive of Examiner
error. App. Br. 16; see also Reply Br. 7.
Accordingly, and based on the record presented, we sustain the
Examiner's rejection of claims 1-4, 8, and 11-14 as being anticipated by
Peng.
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Appeal 2018-004669
Application 14/681,339
The rejection of claims 5-7 and 15-17
as being unpatentable over Peng and Meharg
Appellant contends "[ c Jailns 5-7 and 15-17 depend from independent
claims 1 and 11, respectively, and are asserted to be patentable for at least
the same reasons as independent claims 1 and 11." App. Br. 17. For the
reasons previously expressed, we do not find fault with the Examiner's
rejection of claims 1 and 11. Accordingly, we likewise sustain the
Examiner's rejection of claims 5-7 and 15-17 as being unpatentable over
Peng and Meharg.
The rejection of claims 9 and 18
as unpatentable over Peng and Valente
Appellant argues claims 9 and 18 together. App. Br. 17-19. We
select claim 9 for review, with claim 18 standing or falling therewith.
Claim 9 depends directly from claim 1 and includes the additional
limitation, "wherein the sidewall includes an outwardly-extending rim, and
wherein at least a portion of the rim engages an inner surface of the plant
container." The Examiner relies on the teachings of Valente for this
additional limitation, noting Valente's "outwardly-extending rim- at 3, 13."
Non-Final Act. 6. The Examiner's reason for adding Valente's rim is "so as
to yield the predictable result of removably securing the device to the pot as
desired." Non-Final Act. 6; see also Ans. 5 ("Having an outwardly
extending sidewall as disclosed by Peng and enhanced by the disclosure of
Valente yields the predictable result of ensuring there is a larger surface area
of the sidewall contacting the plant container to ensure that there is a secure
connection."). Appellant disagrees stating, "there is no suggestion to
combine: (a) Valente's integral, one-piece construction with a central
portion 5 coupled to a peripheral flange ring 13 by a plurality of springs 11,
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Application 14/681,339
with (b) Peng's multi-piece pot cover 13." App. Br. 19; see also Reply
Br. 8. "Appellant continues to assert that Valente' s springs and peripheral
ring would interfere with Peng's multi-piece pot cover" and that "Valente's
integral, one-piece construction would change the principle of operation of
Peng's multi-piece pot cover." Reply Br. 8; see also App. Br. 19. To be
clear, Appellant states, "the rejection is really asserting that it would be
obvious to add a sidewall to Peng and further [] to include the sidewall
securing springs and peripheral ring of Valente." App. Br. 19.
Appellant's argument is not aligned with the Examiner's rejection.
The Examiner is silent as to incorporating any additional structure from
Valente (i.e., springs, etc.) other than Valente's "outwardly-extending rim."
Non-Final Act. 6. Instead, Appellant is incorporating structure from Valente
beyond that which the Examiner is relying upon, and presenting arguments
based on the inclusion of such additional structure. Appellant does not
explain how, focusing solely on Valente's rim, the incorporation of such rim
into Peng would not have been obvious for the reasons stated. Appellant
also contends that "Peng does not even have the necessary sidewall" (App.
Br. 19), but this matter has been discussed and resolved above. In
summation, Appellant's contention is not persuasive of Examiner error
because Appellant is not arguing the Examiner's rejection.
Accordingly, and based on the record presented, we sustain the
Examiner's rejection of claims 9 and 18 as being obvious over Peng and
Valente.
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Appeal 2018-004669
Application 14/681,339
The rejection of claims 10 and 19-21
as unpatentable over Peng and Manning
Appellant separately argues each of dependent claims 20 and 21 and
does not argue claim 10 ( which depends from claim 1) or claim 19 ( which
depends from claim 20). We address claims 20 and 21 below. We also
summarily sustain the Examiner's rejection of claim 10 for lack of any
argument and, as regarding claim 19, this claim stands or falls with claim 20.
Claim 20
Claim 20 depends from claim 11 and includes the additional limitation
of "a drip tube extending through the linear trough and having at least one
hole for supplying water into the linear trough." The Examiner relies on
Manning for disclosing "a drip tube - at 12, extending through the linear
trough." Non-Final Act. 7. However, the Examiner's reason to combine the
teachings of Peng and Manning is directed to Manning's "staples" and how
such staples "yield the predictable result of removably securing the device to
a location as desired." Non-Final Act. 7. It should be noted that claim 19
(which depends from claim 20) is directed to "staples," but not claim 20.
Appellant notes that the Examiner fails to provide any reason why it might
have been obvious to combine the teachings of Peng and Manning with
respect to a drip tube extending through the linear trough as recited in parent
claim 20. See App. Br. 20.
In response, the Examiner again directs attention to the various
structures disclosed in both Peng and Manning, i.e., that Peng's troughs "are
designed to collect water" and that Manning discloses a cover "having a drip
tube." Ans. 5. This time, however, the Examiner explains "adding a drip
tube such as disclosed by Manning into the troughs - at 133 of Peng, allows
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Application 14/681,339
for the user to add water as desired such as [after] periods of drought and
periods of little rain." Ans. 5.
In reply, Appellant contends, "there is no evidence in Peng or
Manning to support" the Examiner's contentions that Peng' s troughs are
sized to receive a drip tube and that the drip tubes in Peng's troughs will be
held via gravity and/or a contact/friction between Manning's tube and
Peng's protrusions. Reply Br. 8, 9. In other words, "[n]either Peng nor
Manning discuss their relative dimensions in a manner that would support
these conclusions." Reply Br. 9.
Appellant's contentions are not persuasive. The Examiner notes
Peng's trough (as depicted in Figures IC and 4 of Peng) is "designed to
collect water." Ans. 5. The Examiner further notes that Peng's troughs "are
sized to receive a round drip tube given the open top structure tapering
downwardly as seen in figure 4 of Peng." Ans. 5. Appellant argues that the
cited art fails to "discuss their relative dimensions," but Appellant does not
dispute Peng's teaching of a tapered, open-topped trough or the ability to
insert a drip tube thereinto so as to allow a user to add water during dry
periods. See supra.
Moreover, we do not understand the Examiner's proposed
combination as relying on bodily incorporation of ]\,;fanning' s drip tu be into
Peng's planting system. Rather, the Examiner properly took into account
"the inferences and creative steps that a person of ordinary skill in the art
would employ." K._\-w_ lnt'l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007);
see also id. at 421 ("'A person of ordinary skm is also a person of ordinary
creativity, not an autornaton."). In other ,vords, based on the teachings Peng
and fv1anning regarding watering, we find the Examiner's determination that
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Application 14/681,339
one having ordinary skill in the art would have found it obvious to apply this
technique to Peng's planting system is based on rational underpinning and is
supported adequately by the teachings of the prior art
Accordingly, we are not persuaded of Examiner error. We sustain the
Examiner's rejection of claims 19 and 20.
Claim 21
Claim 21 depends from claim 20 and includes the limitation, "the
linear trough has a diameter providing a friction fit with the drip tube."
Similar to the above, the Examiner finds "where [Peng' s] trough is of
sufficient size to contact the drip tube with friction between the contacting
surfaces." Non-Final Act. 7. The Examiner explains that the troughs of
Peng "would allow for a friction fit between the drip tube and the troughs in
that drip tubes placed in the troughs of Peng will be held in place via gravity
forcing the drip tubes into contact with the walls of the troughs." Ans. 6.
The Examiner states that this "contact/friction between the contacting
surfaces keep[ s] the drip tubes in place until the user decides to move the
drip tubes." Ans. 6.
Appellant contends "that Peng does not teach 'a drip tube' and does
not teach a 'friction fit' between a drip tube and the arcuate protrusions
133." App. Br. 21; see also Reply Br. 9. However, the Examiner is relying
on Manning for disclosing the drip tube and that due to the open and tapered
configuration of Peng's troughs, Manning's drip tube would have been held
in place via a friction fit when inserted thereinto. See supra. Accordingly,
we sustain the Examiner's rejection of claim 21 as being unpatentable over
Peng and Manning.
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Application 14/681,339
DECISION
The Examiner's rejection of claims 7 and 17 as being indefinite is
affirmed.
The Examiner's art rejections of claims 1-21 are affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § l .136(a)(l )(iv).
AFFIRMED
14
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte CARLE. WHITCOMB
Appeal 2018-004669
Application 14/681,339
Technology Center 3600
Before MICHAEL L. HOELTER, JEREMY M. PLENZLER, and
ALYSSA A. FINAMORE, Administrative Patent Judges.
PLENZLER, Administrative Patent Judge, dissenting-in-part.
I join the majority in summarily affirming the Examiner's rejection of
claims 7 and 17 as being indefinite based on failure by Appellant to respond
to that rejection. Because I would determine that Appellant has identified
reversible error in the Examiner's rejection of claims 1-21 under 35 U.S.C.
§§ 102(b) and 103(a), however, I respectfully dissent-in-part.
Claims 1 and 11 each require "a plate structure including a central
cover and a sidewall extending from a perimeter of the central cover,
wherein the sidewall supports the central cover above a growth medium in
the plant container."
The Examiner finds that Peng discloses each limitation recited in
independent claims 1 and 11. Non-Final Act. 3-4. Peng's Figure IC and
Figure 4 are reproduced below for reference.
Appeal 2018-004669
Application 14/681,339
FIG. 1C
Figure 1 C is a perspective view of a flower pot cover and Figure 4 is a
section view of a flower pot with the cover from Figure IC. The Examiner
finds that
Peng discloses a water retention device for use with a plant
container comprising, a plate structure - at 13, including a
central cover and a sidewall extending from a perimeter of the
central cover - see sides of 13 extending upward and downward
along the thickness of 13 from the top and bottom perimeter,
wherein the sidewall supports the central cover above a growth
medium in the plant container - see figures 1 and 4.
Non-Final Act. 3-4. That is, the Examiner finds that the upper surface of
cover 13 is the "central cover" portion of the "plate structure" and the
longitudinal extent of its perimeter is the "sidewall extending from a
perimeter of the central cover" because that perimeter portion extends from
the upper surface of cover 13. See Ans. 3.
Appellant disputes the Examiner's findings noted above, contending
that those findings are based on an unreasonable construction of "central
cover" and "sidewall." Appeal Br. 12-14. I agree.
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Based on the plain language of claims 1 and 11, we know that the
sidewall portion of the plate structure is different than the perimeter of the
central cover portion because the claims specifically recite that the "sidewall
extend[ s] from a perimeter of the central cover." The "central cover" also
requires something more than merely an upper surface of the plate structure.
This is consistent with Appellant's Specification, which explains, for
example, that "plate structure 10 ha[ s] ... a sidewall 14 extending from a
perimeter of the central cover 12" that "supports the central cover 12 at a
sufficient distance above a growth medium in the plant container." Spec.
,i 30. This is illustrated, for example, in Figures 6 and 11, reproduced
below, with annotations labeling the "central cover" and "sidewall."
- --54
~-- ..._1-,0. !:: -~~··· .. :·~ ... ~:! :~ .. ~---··:..,.·~~~'.,..,, t ~~ ·, ~ ..... ·:_,~~ ..... ;:
;~~'..~s;·· ..
FIG. 6
Figure 6 a section view of one embodiment of Appellant's water retention
device with annotations labeling the "central cover" and "sidewall."
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120
C,
60
)
-54
FIG~ 11
Figure 11 a section view of another embodiment of Appellant's water
retention device with annotations labeling the "central cover" and
"sidewall."
The "central cover" is the central portion of the "plate structure" (i.e.,
a three dimensional object) and cannot be considered, in any reasonable
manner consistent with the Specification, as merely being a surface of that
"plate structure." I would determine that the Examiner's rejections are
deficient because the Examiner has failed to identify the structure of a
"sidewall" required by claims 1 and 11.
4