Ex parte LICHT - Page 3




                 Appeal No. 95-0972                                                                                       Page 3                        
                 Application No. 07/650,453                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a method of using                                                                        
                 tree crops as pollutant control.  A substantially correct copy                                                                         
                 of the claims under appeal are reproduced in the appendix to                                                                           
                 the appellant's brief.2                                                                                                                


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 1988 Abstract of "Nitrogen Fixing Research Reports"                                                                                    
                 Organic Gardening, "Taking Hardwood Cuttings," pp. 26-27,                                                                              
                 November 1989                                                                                                                          
                 Successful Farming, "Dollars from Filter Strips," pp. 36-37,                                                                           
                 February 1992                                                                                                                          



                          Claims 1 through 19 and 22 through 29 stand rejected                                                                          
                 under                                                                                                                                  
                 35 U.S.C. § 102(b) based upon a public use or sale of the                                                                              
                 invention.                                                                                                                             




                          2The examiner noted one error in claim 1 on page 2 of the                                                                     
                 answer.                                                                                                                                







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