Appeal No. 1997-2338
Application No. 08/173,376
polymer/bioactive agent composition to a surface and adding
water to form a gel coating.
However, as correctly pointed out by appellant (Brief, page 7):
There is simply no suggestion in the cited art to first dry an
applied substantially nonaqueous composition, consisting
essentially of a pesticide and a water soluble polymer, to form a
film and subsequently contact the dried adherent film with water.
Amidon describes the application of a polymer to form a coating followed by adding
water which causes a dramatic transition from a free-flowing fluid state into, most desirably, a
viscoelastic gel. (Column 4, lines 26-29). Amidon does not contemplate the formation of a
film or coating until water is added to the applied composition. This contrasts with appellant=s
claimed method which calls for the drying of the composition to form a surface adherent non-
aqueous film prior to the addition of water. Chromecek, while describing topical
compositions which include similar polymers and bioactive ingredients, does not describe the
application of the composition disclosed followed by a drying step and the subsequent
addition of water.
Thus, in our opinion, the references relied upon by the examiner, whether
considered separately or in combination, do not describe or reasonably suggest the
presently claimed method of preventing insects from biting a vertebrate species. On the
record before us, the evidence and reasoning provided by the examiner in support of the
rejection of claims 6 and 7 under 35 U.S.C. ' 103 fall short of that which would reasonably
support a prima facie case of obviousness within the meaning of 35 U.S.C. ' 103. Where
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