Ex parte BURNS et al. - Page 3




          Appeal No. 2000-0604                                                        
          Application No. 08/483,735                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to a method for                      
          controlling termites (claim 43 and the claims depending                     
          therefrom) and to a delivery system for controlling termites                
          (claim 44 and the claims depending therefrom).  The two                     
          independent claims on appeal read as follows:                               
               43. A method for controlling termites comprising the                   
               following step:                                                        
                    placing or mounting a delivery housing on an                      
               above or on ground target surface, the target                          
               surface extending beyond the delivery housing, the                     
               delivery housing containing a toxic termite bait                       
               material, the delivery housing having an opening                       
               defined by an edge, the edge abutting the target                       
               surface such that the delivery housing encloses part                   
               of the target surface to define an enclosed space                      
               such that substantial loss of moisture from the                        
               enclosed space is prevented, the delivery housing                      
               opening providing termite communication between the                    
               target surface and the enclosed space such that                        
               termites that may be present on the target surface                     
               have access to the toxic termite bait material in                      
               the delivery housing.                                                  
               44.  A delivery system for controlling termites, the                   
               delivery system comprising a delivery housing and a                    
               toxic termite bait material, the delivery housing                      
               being adapted for placement or mounting on an above                    
               or on ground target surface, the target surface                        
               extending beyond the delivery housing, the delivery                    
               housing containing the toxic termite bait material,                    
               the delivery housing having an opening defined by an                   
               edge that is adapted to abut the target surface so                     
               that the delivery housing encloses part of the                         
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