Appeal No. 1999-0647 Page 4
Application No. 08/683,411
[a]s used here, mulch means any conventional cellulose mulch product, such as wood
chips, tree bark, and other commonly sold wood articles and by-products, that are
used as a ground cover for decorative or weed control purposes.
Therefore, it is apparent to us that the claim language "tree bark, wood chips, and mixtures thereof" as
used in the claims is limited to cellulosic tree bark or wood chips derived from trees and would not
encompass plastic chips having embossing and coloring simulating that of natural tree bark chips, as
suggested by the examiner (answer, page 3).
Hedges discloses a mulching material made of small thermoplastic chips having embossing and
coloring simulating that of natural tree bark chips (column 4, lines 16-21). The chips have insecticides
incorporated therein to discourage or eliminate insects which might otherwise seek shelter thereabout
(column 3, lines 35-49). Hedges particularly teaches the use of plastic chips to provide chip-like
mulches which are more permanent than those formed from naturally occurring cellulosic materials
(column 2, lines 1-3).
Savoy discloses a composite building panel, comprising wood-based skins (12) surrounding a
core (14) of insulating foam, treated with a borate, such as disodium octaborate tetrahydrate, to
prevent insects from boring through the skins and nesting in the core. Savoy teaches that the use of
such sodium borates is preferred because they are highly insecticidal and fungicidal but not significantly
toxic to household pets and human beings (column 4, lines 20-31).
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