Ex parte BLUMBERG - Page 2




          Appeal No. 95-2416                                                          
          Application 07/892,484                                                      


               Representative claims 1, 7, 20, 23 and 24 are reproduced               
          below:                                                                      
               1.   Treated birdseed, comprising:                                     
               (i) birdseed selected from the group consisting of                     
          sunflower seeds, millet, barley, oats, wheat, corn, peanuts,                
          thistle seed, sorghum, sudan grass seed, watergrass seed, clover            
          seed and mixtures thereof, and                                              
               (ii) an effective amount of a material containing capsaicin            
          or a derivative or an analogue thereof coated on, impregnated in            
          or mixed with said birdseed in a ratio of about 1 part in 200 to            
          about 1 part in 100,000 by weight, for repelling animals having             
          capsaicin sensitive receptors from eating said treated birdseed,            
          with the proviso that said treated birdseed does not have                   
          effective amounts of other ingredients that would repel birds.              

               7.   The treated birdseed of claim 1, wherein the proportion           
          of the material containing capsaicin or a derivative or an                  
          analogue thereof to seed is in the range of about 1 part in 200             
          to 1 part in 10,000 by weight.                                              

               20. A method of selectively repelling animals having                   
          capsaicin sensitive receptors, which comprises feeding said                 
          treated birdseed of claim 1 to birds in an amount effective for             
          repelling animals having capsaicin sensitive receptors from                 
          eating said treated birdseed.                                               

               23. Treated birdseed for wild birds, comprising:                       
               (i) whole seed selected from the group consisting of                   
          sunflower seeds, millet, barley, oats, wheat, corn, peanuts,                
          thistle seed, sorghum, sudan grass seed, watergrass seed, clover            
          seed and mixtures thereof, and                                              
               (ii) a material containing capsaicin or a derivative or an             
          analogue thereof coated on, impregnated in or mixed with said               
          birdseed in a ratio of about 1 part in 200 to about 1 part in               
          100,000 by weight, for repelling animals having capsaicin                   
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