The opinion in support of the decision being entered today was not written for publication
and is not binding precedent of the Board.
Paper No. 19
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte NOLA J. MC VICKER
____________
Appeal No. 1997-2338
Application No. 08/173,376
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ON BRIEF
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Before WINTERS, WILLIAM F. SMITH, and ROBINSON, Administrative Patent Judges.
ROBINSON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on the appeal under 35 U.S.C. ' 134 from the examiner's final
rejection of claims 6 and 7, which are all of the claims pending in the application.
Claim 6 is illustrative of the subject matter on appeal and reads as follows:
6. A method for preventing insects from biting a vertebrate species, said
method consisting essentially of the steps of topically applying a pesticide composition to
a surface of said vertebrate species, said composition consisting essentially of about 0.25
percent to about 10 percent by volume of a water swellable polycarboxylated homopolymer
or copolymer and an effective amount of a pesticide in a volatile non-aqueous solvent,
drying the applied pesticide composition to form a surface adherent non-aqueous
film of the polymer and pesticide on the vertebrate surface, and
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