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.
3
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