Appeal No. 94-2842 Application 07/882,351 not limited to any particular degree of attraction. Comparisons which show the effect of hydroxy and methoxy groups are presented in the Lampman declaration (page 4). These comparisons do not overcome the rejection because the compounds compared are not adjacent homologs. We note regarding the Lampman declaration that it is not enough for appellant to show that the results for appellant’s invention and the comparative examples differ. The difference must be shown to be an unexpected difference. See In re Freeman, 474 F.2d 1318, 1324, 177 USPQ 139, 143 (CCPA 1973); In re Klosak, 455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972). Lampman does not provide an explanation, or even make an assertion, that unexpected results are presented. Claim 29 The invention recited in claim 29 is a method for attracting northern corn rootworm by use of an effective amount of phenylethanol. Andersen (page 696) and Lampman I (page 964, Table 1) both teach that phenylethanol is effective for attracting southern corn rootworm, but they do not address whether this compound is effective for attracting northern corn rootworm. However, because both of these rootworms are Diabrotica species, one of -9-9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007