Appeal No. 95-2088
Application 08/056,882
CFR § 1.141(b). Claims 1 through 5, 7 through 15 and 18
through 21 have been canceled.
As a preliminary matter we note the appellants’ statement
on p. 3 of the Brief that all the claims stand or fall
together. 37 CFR § 1.192(c)(5)(1994). Accordingly, for
purposes of this appeal, we will consider the issues as they
apply to representative claim 6.
Claim 6 reads as follows:
6. A method for controlling termites, comprising the
step of applying to soil where termites are alive a termite
controlling effective amount of a composition comprising:
(a) a termite controlling effective amount of an active
agent comprising:
(i) at least one pyrethroid compound selected from
the group consisting of "-cyano-3-phenoxybenzyl 2-(4-
chlorophenyl)-3-methylbutyrate, 3-phenoxybenzyl 3-(2,2-
dihalovinyl)-2,2-dimethylcyclopropanecarboxylate and "-cyano-3
phenoxybenzyl 3-(2,2-dihalovinyl)-2,2-
dimethylcyclopropanecarboxylate; and
(ii) N-(2-ethylhexyl)bicyclo [2.2.1]hept-5-en-2,3-
dicarboximide; and
(b) an inert carrier.
The references relied on by the examiner are:
Ito et al. (Ito) 4,276,308 Jun. 30,
1981
2
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