Ex parte LAS et al. - Page 3




          Appeal No. 1998-3004                                       Page 3           
          Application No. 08/290,590                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to an insect bait                    
          station.  An understanding of the invention can be derived                  
          from a reading of exemplary claim 17, which appears in the                  
          appendix to the appellants' brief.                                          


               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Schlesinger              1,573,278                     Feb. 16,             
          1926                                                                        



               Claims 5 to 8 and 17 stand rejected under 35 U.S.C. §                  
          102(b) as being anticipated by Schlesinger.                                 


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the second Office action                    
          (Paper No. 5, mailed February 1, 1996) and the examiner's                   
          answer (Paper No. 16, mailed February 26, 1997) for the                     
          examiner's complete reasoning in support of the rejection, and              
          to the appellants' brief (Paper No. 15, filed November 14,                  







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