Appeal No. 2000-0604
Application No. 08/483,735
made" (final rejection, page 3). Appellants have not
contested this assertion by the examiner.
Appellants do, however, take issue with the examiner's
characterization of the top cover 1, side covers 2 and bottom
cover 11 as a delivery housing having an opening defined by an
edge adapted to abut a target surface so that the housing
encloses part of the target surface to define an enclosed
space, as required by claims 43 and 44 (brief, pages 6-7).2
After having carefully reviewed the teachings of Burgess, we
find ourselves in agreement with appellants' position for the
following reasons.
The bait assembly 12 of Burgess is an integral part of
the Burgess device which is connected, via the release
triggers, springs and spring fasteners 4 to the side covers 2.
In order to construct the Burgess device, the bait assembly 12
must first be connected to at least the side covers prior to
assembling all six covers of the enclosure to form a delivery
housing as construed by the examiner, thereby filling any
While the language "adapted to abut" does not appear in method claim2
43, the recited step of placing a delivery housing on a target surface, the
delivery housing having an opening defined by an edge abutting the target
surface, implicitly requires that the housing have an opening defined by an
edge adapted to abut a target surface.
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