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