Appeal No. 94-2842
Application 07/882,351
argument is not persuasive because claims 8 and 9 are directed
toward a bait per se, not the use of it to attract any particular
pest.
Appellants argue (brief, page 40) that, as indicated by the
Lampman declaration (paper no. 19, filed April 10, 1992), the
attraction of northern corn rootworm to 4-methoxyphenylpropanol
is significantly less than that of 4-methoxyphenylethanol. The
Lampman data are supportive of the rejection because the
comparison of the homologs 4-methoxyphenylpropanol and 4-
methoxyphenylethanol, and the homologs phenylethylamine and
phenylpropylamine, indicates that if a compound is effective for
attracting northern corn rootworm, its adjacent homolog also will
be effective to some extent. Thus, the data do not support
Lampman’s statement (page 4) that there is no reasonable
expectation that because compounds are structurally similar, they
both will exhibit activity as an attractant for the same species
of Diabrotica. The statement in Lampman I (page 963) that “[a]
substantial decrease in SCR [southern corn rootworm] attraction
was observed between compounds which differed only by one carbon
and two hydrogens” and the discussion following this statement
also support the rejection because the compounds all attracted
southern corn rootworm to some extent. Appellants’ claims are
-8-8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007