Appeal No. 2000-0023
Application 08/967,856
The active compounds are applied in solution or suspension to
the target tissue (column 3, lines 27 through 34).
Hagar is directed to improved sprinkler heads for
irrigation systems. Hagar recognizes that prior art sprinkler
heads cause a problem with fungi in walnut and almond orchards
by providing an environment so humid as to encourage the
growth of fungi. Hagar recognizes that a particular fungus,
Phytophthora (or Crown Rot), is of particular concern because
it moves into and through live tissue, leaving a pathway for
invasion by Poria, a moisture loving organism which enters the
dead wood left behind by Phytophthora (column 1, lines 34
through 57).
The examiner has reasoned that the active ingredients of
the claimed method are shown by Brouwer to be useful in
combating Phytophthora. The examiner reasons that in light of
that disclosure, it would have been obvious to treat
Phytophthora on walnut and almond trees ("wood") with the
agents of Brouwer, shown to be useful against Phytophthora, to
protect the trees ("wood") against the fungus described in
Hagar as a real problem in almond and walnut trees ("wood")
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