Ex parte MATSUMURA et al. - Page 2




                 Appeal No. 1999-1770                                                                                                                   
                 Application 08/750,625                                                                                                                 



                 Before CALVERT, McQUADE and NASE, Administrative Patent                                                                                
                 Judges.                                                                                                                                
                 CALVERT, Administrative Patent Judge.                                                                                                  

                                                           DECISION ON APPEAL                                                                           
                                   This is an appeal from the final rejection of claims                                                                 
                 5 to 15, all the claims remaining in the application.                                                                                  
                                   The appealed claims are drawn to a spraying                                                                          
                 apparatus for pest control (claims 5 to 8) and a method for                                                                            
                 controlling pests (claims 9 to 15).  They are reproduced in                                                                            
                 Appendix I of appellants' brief.2                                                                                                      
                                   The references applied in the rejections outstanding                                                                 
                 against the appealed claims are:                                                                                                       
                 Arnt                               2,814,529     Nov. 26, 1957                                                                         
                 Korchak                            3,373,762     Mar. 19, 1968                                                                         
                 Cunningham et al. (Cunningham)     3,889,881     June 17, 1975                                                                         
                 Aki et al. (Aki)                   5,063,706     Nov. 12, 1991                                                                         
                 Additional prior art applied herein in a rejection pursuant to                                                                         
                 37 CFR § 1.196(b) is:                                                                                                                  
                 The admitted prior art in the second paragraph on page 1 of                                                                            
                 appellants' specification (APA).                                                                                                       

                          2We note that in claim 11, line 3, "axle" should be                                                                           
                 --angle--.  This should be corrected in any further                                                                                    
                 prosecution of this case.                                                                                                              
                                                                           2                                                                            





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