Appeal No. 95-2088
Application 08/056,882
1-2. Kimura further teaches that fenvalerate is one of those
pyrethroid compounds whose activity will be enhanced. Thus,
we do not find from the facts before us that those of ordinary
skill in the art would need to pick and choose from two broad
genera of compounds to arrive at the present method. Rather,
we find Kimura teaches that all combinations will work. That
is, Kimura states that each of the disclosed efficacy
enhancers will increase the effects of each of the wood pest-
controlling agents listed. From such teachings, it is
reasonable to conclude that the claimed method of using the
known wood pest-controlling agent, fenvalerate, in combination
with a known efficacy enhancer of wood pest- controlling
agents, MGK-264, would have been obvious to one of ordinary
skill in the art at the time the application was filed.
As to the appellants’ contention that Kimura does not
teach the application of the compositions disclosed therein to
soil containing live termites, we agree with the examiner that
this claim limitation is clearly suggested by the reference.
See Kimura, p. 15, the penultimate sentence.
After a prima facie case of obviousness under 35 U.S.C.
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