Appeal No. 2001-1160 Page 2
Application No. 08/479,977
The examiner relies on the following references:
Richardson et al. (Richardson) 0 149 005 July 24, 1985
(European Patent Application)
Joyce et al. (Joyce), “Synergism of pyrethroids by piperonyl butoxide and
MGK-264 against Heliothis virescens, Spodoptera exigua, and Spodoptera
frugiperda,” J. Entomol. Sci, Vol. 23, No. 3, pp. 229-234 (1988)
Claims 6 and 8-16 stand rejected under 35 U.S.C. § 103 as obvious in
view of Joyce and Richardson.
We reverse.
Background
The specification discloses that “when pyrethroid compounds are used as
a termite-controlling agent, they are not always satisfactory in the persistence of
the efficacy in use for soil treatment, apart from that of the efficacy in use for
wood treatment.” Page 1. The specification discloses, however, that when a
pyrethroid compound such as permethrin1 is combined with the compound
MGK-264,2 the resulting composition “is an excellent termite-controlling agent
which can solve the above problem.” Id.
The specification provides data intended to show that the combination of
permethrin and MGK-264 has more long-lived effectiveness than either
compound alone. See pages 6-8: various combinations of permethrin and/or
MGK-264 were added to soil and stored for two or three months, then tested for
1 The chemical name of permethrin is 3-phenoxybenzyl 3-(2,2-dichlorovinyl)-2,2-dimethylcyclo-
propanecarboxylate. Specification, page 2, lines 11-12.
2 The chemical name of MGK-264 is N-(2-ethylhexyl)bicyclo[2.2.1]hept-5-en-2,3-dicarboximide.
Specification, page 1, lines 14-15.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007