Appeal No. 95-0972 Page 8
Application No. 07/650,453
interaction with the near-surface ground water supply and
nutrients and pollutants contained therein.
Thus, we must understand the meaning of the phrase "the
lower end of the stem is located to provide . . . water
uptake interaction with the near-surface ground water supply"
if we are to understand the scope of claim 1.
In reviewing the specification to ascertain the meaning
of the above-noted phrase we find that the appellant has
disclosed the following: (1) the trees are planted deep into
the soil where the near-surface ground water is located,
preferably planted so that the buried end of the stem cutting
is greater than 18 inches below the soil surface, and that
depths of 5 feet deep and greater have been used to place
roots in the near-surface ground water (specification, p. 6);
(2) the root is purposely placed to the desired soil depth
near the ground water table (specification, p. 7); (3) the
cutting must be planted at least adjacent the ground water,
and it is preferred that it be planted so that it is actually
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