The opinion in support of the decision being entered today was not written for publication
and is not binding precedent of the Board.
Paper No. 37
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte PHILIP E. HOWSE
____________
Appeal No. 1997-2665
Application No. 08/099,248
____________
ON BRIEF
____________
Before WINTERS, PAK, and ROBINSON, Administrative Patent Judges.
ROBINSON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. § 134 from the examiner's final
rejection of claims 52 - 61. The remaining pending claims 47 and 48 have been indicated
allowable by the examiner. (Paper No. 25).
Claims 52 and 61 are illustrative of the subject matter on appeal and read as
follows:
52. A method of controlling a population of a selected species of ants by
inducing foraging members of said population of said selected species of ants to transport
a toxic substance back to their nest due to the behavior-modifying effects of a behavior-
modifying substance on said selected species of foraging ants such that said toxic
substance is distributed to other members of said population of said selected species of
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