Appeal No. 1999-2323
Application No. 08/434519
invention would have been led to modify the insect bait
station of Wefler, which is specifically designed to be used
with a liquid insect bait, to accommodate a granular bait or a
paste bait. Contrary to the examiner's position as stated on
page 11 of the answer, we see no way that the insect bait
station of Wefler can be said to be "capable of employing"
either granular or paste baits. In describing the relied upon
embodiment seen in Figures 5 and 6 of Wefler, it is noted
(col. 4, lines 44-50) that the porous pad (152) is held with
sufficient force between the floor (118) and the stage (124)
of the insect station such that its upper surface (154)
substantially closes the stage feeding windows (150) and
thereby prevents or at least substantially restrains the
liquid insect bait within the holding chamber (132) from
spilling out through the stage feeding windows. Thus, given
that the porous pad (152) seen in Figures 5 and 6 of Wefler
closes the feeding windows (150), it is clear that a granular
or paste bait used in this insect station would not be
accessible via the feeding windows, and that absent
disassembly of the Wefler station and removal of the porous
pad (152), such insect station is not capable of using either
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007