Appeal No. 95-2416
Application 07/892,484
17 and 21. We reverse the rejection as to claims 20, 23 and 24.
The subject matter on appeal is directed to preparations of
birdseed treated with capsaicin or its derivatives or analogues
in an amount sufficient to be unpalatable to animals such as
rats, mice and squirrels which have capsaicin sensitive
receptors. Capsaicin is an oleoresin present in capsicum
(cayenne pepper, chili, pepper red) and is a known powerful
irritant which causes intense pain in humans and experimental
animals. In appellant’s invention, these “hot” capsaicin
compounds, extracts or whole plant materials containing these
compounds are coated on, impregnated in or mixed with birdseed to
repel troublesome animals which recognize these compounds as
“hot”. In contrast, these same “hot” compounds do not repel
birds because birds do not have capsaicin sensitive receptors.
Also on appeal are method claims (claims 20 and 24) for
selectively repelling animals having capsaicin sensitive
receptors, which claims call for the positive step of feeding the
treated birdseed of the invention to birds, in an amount
effective for repelling animals having the capsaicin sensitive
receptors.
The appealed claims stand rejected for obviousness
principally in view of the disclosures of Cartwright. The review
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007