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 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007