Ex parte MC VICKER - Page 1




               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                                       and is not binding precedent of the Board.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                                                   
                                                     ____________                                                           
                                                        ON BRIEF                                                            
                                                     ____________                                                           
              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                                              






Page:  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007