Ex parte DAVIS et al. - Page 10




          Appeal No. 2000-0023                                                        
          Application 08/967,856                                                      


          page 13, lines 2 through 4 of their specification, appellants               
          have defined "treating" as "brushing, spraying, dipping and                 
          the like."  We find Brouwer considered with Hagar suggests                  
          "treating" trees ("wood") by spraying with a composition                    
          containing the active agents disclosed in Brouwer and,                      
          therefore, suggests the claimed method.  Further, because                   
          killing the fungus would have been expected to prevent the                  
          incursion of Poria per the disclosure in Hagar, the                         
          destruction caused by treating against these organisms would                
          have prevented damage to trees and, therefore, would have                   
          preserved the "wood" (trees).                                               
               To the extent appellants suggest that Hagar is so                      
          unrelated to the claimed invention as to be considered non-                 
          analogous art,                                                              


          we reject that argument.  The test for determining whether a                
          reference is from a "non-analogous art" is a twofold                        
          determination.  First, we determine if the reference is within              
          appellants' field of endeavor.  If it is not, we decide                     
          whether the reference is reasonably pertinent to the                        
          particular problem with which appellants were involved.  In re              
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