Appeal No. 94-2842
Application 07/882,351
above is consistent with the evidence in Lampman I. In the
Lampman declaration, in five of seven cases in which one of
western corn rootworm or northern corn rootworm was attracted to
a tested compound, the other corn rootworm also was attracted to
some extent. While the extent of attraction of the Diabrotica
species to volatile attractants appears to be species-specific,
one of ordinary skill in the art would have a reasonable
expectation, as discussed above, that a compound which attracts
one Diabrotica species also will attract the other species to
some extent.
As with the declaration data discussed above, Lampman does
not explain why or even assert that the results in the
declaration are unexpected results.
Claim 20
Claim 20 recites a method for attracting northern corn
rootworm by use of an effective amount of a compound selected
from a group of ten compounds, none of which is shown in the
applied prior art to be effective for attracting any rootworm.
Two of the compounds, 4-methoxyphenylethanol and phenylpropanol,
are adjacent homologs of 4-methoxyphenyl alcohol and
phenylethanol which Lampman I teaches are effective for
attracting southern corn rootworm (page 964, Table 1). To arrive
-11-11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007