Ex parte DONALD W. KELLEY - Page 2




                Appeal No. 94-1550                                                                                                            
                Application 07/893,662                                                                                                        


                when the formulation is applied to the substrate which consists                                                               
                essentially of:                                                                                                               
                         an effective amount of a biologically active ingredient;                                                             
                         a fluorinated acrylic copolymer in an amount effective to                                                            
                make said active ingredient resistant to removal or dilution by                                                               
                water or oil after deposition of the active ingredient onto said                                                              
                substrate; and                                                                                                                
                         a solvent selected from water, organic solvent or a mixture                                                          
                of water and organic solvent,                                                                                                 
                         said ingredient being selected from the group consisting of                                                          
                insect and animal repellents, insect and animal attractants,                                                                  
                insect and plant growth regulators, pesticides, sunscreen agents                                                              
                and medicines for topical application.                                                                                        
                         The references of record relied upon by the examiner are:                                                            
                Dessaint et al. (Dessaint)                        4,478,975                         Oct. 23, 1984                             
                Levy   2                                          4,983,390                         Jan.  8, 1991                             
                         A reference referred to in the argument section of                                                                   
                appellant’s Brief is:                                                                                                         
                Delescluse                                        4,366,300                         Dec. 28, 1982                             
                         The appealed claims stand rejected for obviousness (35                                                               
                U.S.C.  103) over Dessaint.                                                                                                  
                         The subject matter on appeal is broadly directed to a liquid                                                         
                formulation which “consists essentially of” an effective amount                                                               




                         2Levy was discussed by the examiner in the Supplemental                                                              
                Answer (Paper No. 12 filed February 7, 1994).                                                                                 
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