Ex parte VAN REES - Page 2




              Appeal No. 1996-1040                                                                                         
              Application 08/069,434                                                                                       


              a water soluble substrate substantially comprising a substantially dry, rigid, open-celled                   
              foam consisting essentially of vegetable starch; and                                                         
              cedar oil carried in the substrate.                                                                          
                     The reference relied upon by the examiner is:                                                         
              Eden et al. (Eden)           4,812,445                           March 14, 1989                              
                                              GROUNDS OF REJECTION                                                         

                     Claim 14 stands rejected under 35 U.S.C. § 112, second paragraph, as failing to                       
              particularly point out and distinctly claim the invention.                                                   
                     Claims 6-8 stand rejected under 35 U.S.C. § 103.  The examiner cites no prior art                     
              in support of this rejection.                                                                                
                     Claims 1-14 stand rejected under 35 U.S.C. § 103.  As evidence of obviousness,                        
              the examiner relies on Eden.                                                                                 
                     We reverse.                                                                                           
                                                    BACKGROUND                                                             

                     The invention is described at page 1 of the specification as relating to a moth and                   
              insect repellant product, for protecting clothing, which includes a foamed vegetable starch                  
              and cedar oil.  The insect repellant of the invention is described as being biodegradable,                   
              environmentally safe and dissolvable in water, resulting in minimal solid waste.                             


                                                     DISCUSSION                                                            

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