Ex parte DONALD W. KELLEY - Page 3

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

                of certain broad classes of biologically active ingredients ,                                      3                          
                including, inter alia, insect repellents and pesticides, in a                                                                 
                combination with a fluorinated acrylic copolymer and a solvent.                                                               
                The fluorinated acrylic copolymer is present in an amount                                                                     
                effective to make the active ingredient resistant to removal or                                                               
                dilution by water or oil after depositing the formulation onto a                                                              
                “substrate.”  For example, when applied as an insect repellent                                                                
                containing composition to a dog (i.e., a “substrate”), the                                                                    
                claimed fluorinated acrylic copolymer formulation retains its                                                                 
                effectiveness against insects, even after the dog is subjected to                                                             
                rain or sprinkling.  See the Specification at page 5.  It is                                                                  
                important to note that appellant defines the term “substrate” as                                                              
                not only including animate objects such as dogs, other animals,                                                               
                and humans but also as inclusive of inanimate objects such as                                                                 
                wood, concrete, metal, tile, textiles and plastics.  See the                                                                  
                Specification at page 17, lines 20-25.                                                                                        

                         3The biologically active ingredients specifically recited                                                            
                in appealed claim 1 include the Markush grouping of insect                                                                    
                repellents, animal repellents, insect attractants, animal                                                                     
                attractants, insect regulators, plant growth regulators,                                                                      
                pesticides, sunscreen agents and medicines.  No question of                                                                   
                misjoinder was raised in the prosecution of this application nor                                                              
                was an election requirement imposed.  Further, no explanation is                                                              
                of record how a sunscreen agent acts as a biologically active                                                                 
                ingredient.  In the event of any further prosecution of this                                                                  
                application, the examiner may wish to consider these matters.                                                                 

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Last modified: November 3, 2007