Appeal No. 2000-0604
Application No. 08/483,735
biasing force of the springs 5 upward into the frangible
capsule 3, thus fracturing the capsule and releasing the
insecticide content onto the intruding termites. The upward
movement of the projectile also severs a metal foil strip of a
detector switch 8 to signal actuation of the device.
We fully understand the examiner's position in construing
the bait assembly 12 of the Burgess device as a "target
surface" and the enclosure including top cover 1, side covers
2 and bottom cover 11 as a delivery housing, with the bottom
cover having an opening through which the bait assembly passes
and which provides termite communication between the bait
assembly and the enclosed space within the enclosure. The
examiner concedes that Burgess does not disclose a toxic bait
material contained by the housing as required by independent
claims 43 and 44, but takes official notice that toxic termite
baits are old and well known in the art and asserts that it
would have been obvious to employ a toxic termite bait
material in the frangible capsule 3, "since merely [sic: mere]
substitution of one poison for another is contemplated and the
function is the same and no showing of unexpected results was
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