Ex parte DAVIS et al. - Page 11




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


          Wood, 599 F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979).  We               
          are satisfied that Hagar is within appellants' field of                     
          endeavor, that is, preservation of "wood" because it                        
          recognizes the need for inhibiting fungal growth in almond and              
          walnut trees to prevent damage to the "wood" (trees).                       
          Moreover, as correctly observed by the examiner, appellants do              
          not challenge the facts disclosed in Hagar on which the                     
          examiner relies but only that Hagar's main thrust is to an                  
          improved sprinkler head rather than treating fungi on "wood."               
               Appellants arguments concerning the examiner's allegedly               
          improper "hindsight" application of the prior art is not                    
          persuasive.  Appellants, again, read their claims too                       
          narrowly. As we have stated above, we reject appellants'                    
          interpretation of the claim terminology "treating the wood" as              
          not embracing applying the active agents of Brouwer on a                    
          living tree ("wood").                                                       
               Having concluded that the examiner has made out a prima                
          facie case of obviousness with respect to the appealed subject              
          matter, it is necessary for us to consider appellants'                      
          rebuttal                                                                    


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