Appeal No. 1999-0647 Page 2
Application No. 08/683,411
BACKGROUND
The appellant's invention relates to a method of eradicating termites without poisoning soil
comprising placing on the soil a mulch consisting of tree bark, wood chips, and mixtures thereof
impregnated with a borate salt (claims 1, 4 and 5) and to the mulch (claims 20-23). A copy of the
claims on appeal appears in the appendix to the appellant's brief.
The prior art references of record relied upon by the examiner in rejecting the appealed claims
are:
Hedges 5,105,577 Apr. 21, 1992
Savoy 5,194,323 Mar. 16, 1993
An additional reference of record relied on by this panel of the Board is:2
Palmere et al. (Palmere) 5,104,664 Apr. 14, 1992
The following rejection is before us for review.
Claims 1, 4, 5 and 20-23 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Hedges in view of Savoy.
Reference is made to the brief (Paper No. 8) and reply brief (Paper No. 10) and the non-final
rejection (Paper No. 4), final rejection (Paper No. 6) and answer (Paper No. 9) for the respective
positions of the appellant and the examiner with regard to the merits of this rejection.
This reference was cited by the examiner in Paper No. 4 and a copy is of record in the application file.2
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