Ex parte TSUBOI et al. - Page 2


                Appeal No. 1999-0341                                                                               
                Application No. 08/543,351                                                                         


                       Claims 14 and 161 are illustrative of the subject matter on appeal and are                  

                reproduced below:                                                                                  
                       14. A method of protecting wood, paper, leather, polymers or textiles                       
                           against attack by insects which comprises applying thereto an amount                    
                           sufficient to effect protection thereof of the compound 1-(6-chloro-3-                  
                           pyridylmethyl)-2-nitroimino-imidazolidine.                                              
                       16. The method according to claim 14, wherein paper, leather, polymers or                   
                           textiles are protected.                                                                 
                       The reference relied upon by the examiner is:                                               
                Shiokawa et al. (Shiokawa)        4,742,060            May 3, 1988                                 
                                           GROUNDS OF REJECTION                                                    
                       Claims 14 and 15 are rejected as being anticipated by Shiokawa, under 35                    
                U.S.C. § 102 or obvious thereover under 35 U.S.C. § 103.                                           
                       Claim 16 is rejected under 35 U.S.C. § 103 as being unpatentable over                       
                Shiokawa.                                                                                          
                       We affirm both of the examiner’s rejections.                                                
                                                  DISCUSSION                                                       
                       In reaching our decision in this appeal, we have given careful consideration                
                to the appellants’ specification and claims, and to the respective positions                       
                articulated by the appellants and the examiner.  We make reference to the                          
                examiner’s Answer (Paper No. 43, mailed June 19, 1997), for the examiner’s                         

                                                                                                                   
                1  Claim 16 is incorrectly recited as depending from claim 7 in appellants’ appendix               
                of claims.  Claim 16 properly depends from claim 14.  Claim 16 is correctly                        
                reproduced herein.                                                                                 


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