Ex Parte Su - Page 7

               Appeal 2006-3332                                                                            
               Application 10/161,519                                                                      
               material), sugars, and a slowly-acting insecticide.  The container is driven                
               into the soil near a location likely to be invaded by termites.  Takenaka’s                 
               device may be dug out of the ground periodically and monitored for                          
               evidence of foraging to determine whether termites are still surviving in the               
               neighborhood of the device.  As long as evidence of termite activity is                     
               detected, the device is repeatedly driven into the soil at regular time                     
               intervals.  Termite control is deemed to be successful after the passage of a               
               predetermined period of time without detecting termite activity.  (Takenaka                 
               Translation 1.)                                                                             
                      As evidenced by the above findings, Takenaka meets the limitations                   
               of claims 1, 2, 4, 7, 9, 12, 13, 15, 20, 21, and 22 with the exception of a                 
               toxicant-free monitoring device.  Takenaka only discloses a termite control                 
               device filled with a mixture containing slowly-acting insecticide.                          
                      Homma evidences that it was known in the art at the time of                          
               Appellant’s invention to monitor termite activity using a detection means                   
               comprising a cylindrical vessel 1 open at the top by insertion opening 5, a                 
               toxicant-free detection piece 2 constructed of material termites like, such as              
               wood or synthetic resin (Homma Translation 5), inserted into the hollow                     
               core 3 of the vessel 1, and a lid 8 placed above the detection piece 2 to cover             
               the insertion opening 5 to prevent the vessel 1 and detection piece 2 from                  
               drying out, to prevent natural enemies of termites from entering the vessel 1,              
               and to prevent rain water from entering the vessel (Homma Translation 5                     
               and 7-8).  Homma’s detection means is buried in the ground with the lid                     
               exposed, thereby facilitating removal of the lid for periodic inspection                    
               (Homma Translation 6).  As long as such inspection reveals no signs of                      
               termites or termite damage, the detection piece 2 is inserted back into the                 

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