Ex Parte METCALF et al - Page 8

             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                                    
                    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                                       

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