Appeal No. 95-0972 Page 15
Application No. 07/650,453
Successful Farming, "Dollars from Filter Strips," was
relied upon by the examiner for teaching that in 1988 it was
known to plant filter strips of trees along a river bed to
remove pollutants as shown in Figure 5A of the application
(answer, p. 7).
The appellant's argue (brief, pp. 3-6) that Successful
Farming, "Dollars from Filter Strips," is not available as
prior art since it was published after the appellant's filing
date. The appellant states (brief, p. 5) that Figure 5 of the
application discloses the traditional type of "filter strip"
used in the prior art where perennials (i.e., trees) are
planted that do not have complex or deep root systems.
In view of this admission by the appellant, we have
determined that it is appropriate to rely on Successful
Farming, "Dollars from Filter Strips," as teaching that it was
known prior to the appellant's invention to plant filter
strips of trees along a river bed to remove pollutants as
shown in the prior art portion of Figure 5 of the application.
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