Appeal No. 95-0972 Page 16
Application No. 07/650,453
Organic Gardening, "Taking Hardwood Cuttings," discloses
a method of planting hardwood cuttings. The method includes
planting tree stems (7 to 12 inches long) selected from
Salicaceae family (e.g., poplar or willow) and having upper
and lower ends and preformed root initials, at a depth so that
at least two buds at the upper end of the stem are above
ground and the lower end is located under ground to provide
nutrient and water uptake.
Based on our analysis and review of Organic Gardening,
"Taking Hardwood Cuttings" and claim 22 , it is our opinion5
that the only difference is the limitation that the lower end
of the stem is located to provide pollutant uptake interaction
with water which contains undesirable contaminants.
After the scope and content of the prior art are5
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
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