-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, CU2kjB1cHgFskTi7jW/IDdSQHh86qpmUcR205w8FQuLUvIM83DkHP8Z1+U1hA62G /mvIVbYCqMMIDIhf32WNYA== 0000950138-08-000005.txt : 20080104 0000950138-08-000005.hdr.sgml : 20080104 20080104120302 ACCESSION NUMBER: 0000950138-08-000005 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20080104 DATE AS OF CHANGE: 20080104 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: DISCOVERY TECHNOLOGIES INC CENTRAL INDEX KEY: 0000857949 STANDARD INDUSTRIAL CLASSIFICATION: BLANK CHECKS [6770] IRS NUMBER: 363526027 STATE OF INCORPORATION: NV FISCAL YEAR END: 1218 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-44460 FILM NUMBER: 08510046 BUSINESS ADDRESS: STREET 1: 5353 MANHATTAN CIRCLE STREET 2: SUITE 101 CITY: BOULDER STATE: CO ZIP: 80303 BUSINESS PHONE: 3034996000 MAIL ADDRESS: STREET 1: 5353 MANHATTAN CIRCLE STREET 2: SUITE 101 CITY: BOULDER STATE: CO ZIP: 80303 FORMER COMPANY: FORMER CONFORMED NAME: DISCOVERY TECHNOLOGIES INC /KS/ DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: DISCOVERY SYSTEMS INC DATE OF NAME CHANGE: 19900613 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: WARNER BRIAN CENTRAL INDEX KEY: 0001053531 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 767 THIRD AVENUE STREET 2: 16TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 BUSINESS PHONE: 2125934538 MAIL ADDRESS: STREET 1: 767 THIRD AVE STREET 2: 16TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10017 SC 13G 1 jan4_13g-discovery.htm BRIAN WARNER/2008 FILINGS/JAN 13G-DISCOVERY

SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
SCHEDULE 13G
(Rule 13d-102)

INFORMATION TO BE INCLUDED IN THE STATEMENTS FILED PURSUANT TO RULES 13d-1(b), (c), AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(b)

(Amendment No. __)*


Discovery Technologies, Inc.
(Name of Issuer)


Common Stock, par value $0.001 per share
(Title of Class of Securities)


25468C 402
(CUSIP Number)


	December 26, 2007
	(Date of Event Which Requires Filing of this Statement)

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

	o	Rule 13d-1(b)
	x	Rule 13d-1(c)
	o	Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

SCHEDULE 13G
CUSIP NO. 25468C 402	Page 2 of 5

1	NAMES OF REPORTING PERSONS I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (Entities Only) Barry M. Kitt
2	CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
				(a)	o
				(b)	x
3	SEC USE ONLY
4	CITIZENSHIP OR PLACE OF ORGANIZATION United States of America
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH		5	SOLE VOTING POWER 1,815,385 shares of Common Stock
		6	SHARED VOTING POWER 0
		7	SOLE DISPOSITIVE POWER 1,815,385 shares of Common Stock
		8	SHARED DISPOSITIVE POWER 0
9	AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 1,815,385 shares of Common Stock
10	CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES o
11	PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9) 9.9% (See Item 4)
12	TYPE OF REPORTING PERSON IN

SCHEDULE 13G
CUSIP NO. 25468C 402	Page 3 of 5

Item 1(a).

Name of Issuer:

Discovery Technologies, Inc. (the “Issuer”)

Item 1(b).

Address of Issuer’s Principal Executive Offices:

3^rd Floor, Borough A, Block A. No.181, South Taibai Road, Xi’an, Shaanxi

Province, People’s Republic of China 710065

Items 2(a),

(b) and (c).

Name of Persons Filing, Address of Principal Business Office and Citizenship:

This Schedule 13G is being filed on behalf of Barry M. Kitt (the “Reporting Person”).

The principal business office of the Reporting Person is 4965 Preston Park Blvd., Suite 240, Plano, TX 75093. For citizenship, see Item 4 of each cover page.

Item 2(d).

Title of Class of Securities:

Common Stock, par value $0.001 per share (the “Common Stock”)

Item 2(e).

CUSIP Number:

25468C 402

Item 3.

Not applicable

Item 4.

Ownership.

(a)

Amount beneficially owned:

1,815,385 shares of Common Stock*

(b)

Percent of class:

Based on 18,313,617 shares of Common Stock of the Issuer outstanding as of December 26, 2007, the Reporting Person holds approximately 9.9%* of the issued and outstanding Common Stock of the Issuer.

(c)

Number of shares to which such person has:

(i)

Sole power to vote or direct the vote: 1,815,385 shares of Common Stock*

(ii)

Shared power to vote or direct the vote: 0

(iii)

Sole power to dispose or to direct the disposition of: 1,815,385 shares of Common Stock*

SCHEDULE 13G
CUSIP NO. 25468C 402	Page 4 of 5

(iv)

Shared power to dispose of or direct the disposition of: 0

* The Reporting Person exercises investment discretion and control over the shares of common stock of the Issuer held by The Pinnacle Fund, L.P., a Texas limited partnership (“Pinnacle”) and Pinnacle China Fund, L.P., a Texas limited partnership (“Pinnacle China”). Pinnacle Advisers, L.P. (“Advisers”) is the general partner of Pinnacle. Pinnacle Fund Management, LLC (“Management”) is the general partner of Advisers. Mr. Kitt is the sole member of Management. Pinnacle China Advisers, L.P. (“China Advisers”) is the general partner of Pinnacle China. Pinnacle China Management, LLC (“China Management”) is the general partner of China Advisers. Kitt China Management, LLC (“China Manager”) is the manager of China Management. Mr. Kitt is the manager of China Manager. As of December 26, 2007, Pinnacle and Pinnacle China were the beneficial owners of 1,815,385 shares of Common Stock. Mr. Kitt may be deemed to be the beneficial owner of the shares of Common Stock beneficially owned by Pinnacle and Pinnacle China. Mr. Kitt expressly disclaims beneficial ownership of all shares of Common Stock beneficially owned by Pinnacle and Pinnacle China.

Item 5.

Ownership of Five Percent or Less of a Class.

Not applicable

Item 6.

Ownership of More than Five Percent on Behalf of Another Person.

Not applicable

Item 7.

Identification and Classification of the Subsidiary Which Acquired the

Security Being Reported By the Parent Holding Company.

Not applicable

Item 8.

Identification and Classification of Members of the Group.

Not applicable

Item 9.

Notice of Dissolution of a Group.

Not applicable

Item 10.

Certification.

By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect.

SCHEDULE 13G
CUSIP NO. 25468C 402	Page 5 of 5

SIGNATURE

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.

Dated:

January 4, 2008

	/s/ Barry M. Kitt
	Barry M. Kitt

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