Ex parte FAIN - Page 3




          Appeal No. 1999-2556                                                        
          Application 08/774,848                                                      


               wherein said different odorous substances are exposed to               
          an ambient environment surrounding the device so as to produce              
          odors which attract desirable creatures and repel undesirable               
          creatures.                                                                  


                                    THE PRIOR ART                                     
               The references relied upon by the examiner as evidence of              
          anticipation and obviousness are:                                           
          Watson                   1,964,611                 Jun. 26,                 
          1934                                                                        
          Manning                  4,208,829                 Jun. 24,                 
          1980                                                                        
          Clark, Sr. (Clark)       4,364,194                 Dec. 21,                 
          1982                                                                        
          Rhodes                   5,152,097                 Oct.  6,                 
          1992                                                                        
          Weldon                   5,184,417                 Feb.  9,                 
          1993                                                                        


                                   THE REJECTIONS                                     
               Claim 44 stands rejected under 35 U.S.C. § 102(b) as                   
          being anticipated by Watson.                                                
               Claim 25 stands rejected under 35 U.S.C. § 103(a) as                   
          being unpatentable over Manning.                                            
               Claims 1, 5 through 9, 41 and 42 stand rejected under                  
          35 U.S.C. § 103(a) as being unpatentable over Manning in view               
          of Watson.                                                                  

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