Ex Parte METCALF et al - Page 6




             Appeal No. 94-2842                                                                                   
             Application 07/882,351                                                                               


             further teaches that combining volatile attractants with                                             
             cucurbitacins in pest baits can greatly enhance the distance over                                    
             which the baits act.  Id.  Metcalf does not disclose use of                                          
             phenylethanol as the volatile attractant.  However, Andersen                                         
             (page 696) and Lampman I (page 964, Table 1) both teach that                                         
             phenylethanol is effective for attracting southern corn rootworm.                                    
             It therefore would have been prima facie obvious to one of                                           
             ordinary skill in the art to combine a cucurbitacin and                                              
             phenylethanol in a bait for southern corn rootworm.                                                  
                    Appellants argue regarding claim 23 that the references do                                    
             not suggest using phenylethanol as an attractant for northern                                        
             corn rootworm (page 36).  This argument is not well taken because                                    
             the invention in claim 23 is the bait itself, not a method for                                       
             using it to attract any particular pest.                                                             
                                               Claims 8 and 9                                                     
                    Claim 8 recites a bait for northern corn rootworm which                                       
             includes a volatile attractant selected from a group of ten                                          
             attractants, in combination with a cucurbitacin as a nonvolatile                                     
             compulsive feeding stimulant.  Claim 9, which depends from claim                                     
             8, recites only five of the attractants in claim 8.                                                  
                    The applied references do not disclose any of the volatile                                    
             attractants recited in claims 8 and 9.  However, both Andersen                                       
                                                      -6-6                                                        





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