Appeal No. 95-2088
Application 08/056,882
direct attention to the teachings of Kimura that compositions
comprising a wood pest-controlling agent and an efficacy
enhancer “exhibit extremely superior effects.” Kimura, p. 5,
lines 1-4. According to Kimura, such a composition is “much
superior in its controlling effect on termites and wood
borers, as well as in its preservative effect.” Id., para. 4.
Thus, in view of the teachings of Kimura, we find that one of
ordinary skill in the art would have expected that a
combination of fenvalerate and MGK-264 would increase the
mortality rate in termites when applied to the soil.
Accordingly, the decision of the examiner is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
)
RONALD H. SMITH )
Administrative Patent Judge )
)
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