Appeal No. 95-2088
Application 08/056,882
Kimura et al. (Kimura) 63-270610 Nov. 08,
1988
(Japanese Kokai)
Joyce et al. (Joyce), Abstract No. 144583j “Synergism of
Pyrethroids by Piperonyl Butoxide and MGK-264 against
Heliothis virescens, Spodoptera exigua, and Spodoptera
frugiperda (Lepidoptera: Noctuidae)” Chemical Abstracts, vol.
109, p. 270 (1988).
Claims 6, 16, 17, 22 and 25 through 31 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Ito, Kimura
and Joyce.
We have carefully considered the arguments advanced by
both the appellants and the examiner and we find ourselves in
complete agreement with the examiner’s findings of fact,
conclusions of law and rebuttals to argument. Accordingly, 2
we affirm the examiner’s rejection and adopt the examiner’s
position as our own. We add the following comments only for
clarification.
2We note that the appellant’s Reply Brief (Paper No. 13)
was found to be improper by the examiner for failing to
specifically point out the new point(s) of argument in the
Answer. Thus, the examiner refused entry into the record.
Paper No. 15. Accordingly, our decision is based exclusively
on the written record as it appears in the appellants’ Brief
(Paper No. 11) and the examiner’s Answer (Paper No. 12).
3
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