Ex Parte METCALF et al - Page 11




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


             above is consistent with the evidence in Lampman I.  In the                                          
             Lampman declaration, in five of seven cases in which one of                                          
             western corn rootworm or northern corn rootworm was attracted to                                     
             a tested compound, the other corn rootworm also was attracted to                                     
             some extent.  While the extent of attraction of the Diabrotica                                       
             species to volatile attractants appears to be species-specific,                                      
             one of ordinary skill in the art would have a reasonable                                             
             expectation, as discussed above, that a compound which attracts                                      
             one Diabrotica species also will attract the other species to                                        
             some extent.                                                                                         
                    As with the declaration data discussed above, Lampman does                                    
             not explain why or even assert that the results in the                                               
             declaration are unexpected results.                                                                  
                                                   Claim 20                                                       
                    Claim 20 recites a method for attracting northern corn                                        
             rootworm by use of an effective amount of a compound selected                                        
             from a group of ten compounds, none of which is shown in the                                         
             applied prior art to be effective for attracting any rootworm.                                       
             Two of the compounds, 4-methoxyphenylethanol and phenylpropanol,                                     
             are adjacent homologs of 4-methoxyphenyl alcohol and                                                 
             phenylethanol which Lampman I teaches are effective for                                              
             attracting southern corn rootworm (page 964, Table 1).  To arrive                                    
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