Appeal No. 94-2842
Application 07/882,351
not limited to any particular degree of attraction.
Comparisons which show the effect of hydroxy and methoxy
groups are presented in the Lampman declaration (page 4). These
comparisons do not overcome the rejection because the compounds
compared are not adjacent homologs.
We note regarding the Lampman declaration that it is not
enough for appellant to show that the results for appellant’s
invention and the comparative examples differ. The difference
must be shown to be an unexpected difference. See In re Freeman,
474 F.2d 1318, 1324, 177 USPQ 139, 143 (CCPA 1973); In re Klosak,
455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972). Lampman does
not provide an explanation, or even make an assertion, that
unexpected results are presented.
Claim 29
The invention recited in claim 29 is a method for attracting
northern corn rootworm by use of an effective amount of
phenylethanol.
Andersen (page 696) and Lampman I (page 964, Table 1) both
teach that phenylethanol is effective for attracting southern
corn rootworm, but they do not address whether this compound is
effective for attracting northern corn rootworm. However,
because both of these rootworms are Diabrotica species, one of
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