Ex parte DICKSON et al. - Page 8




          Appeal No. 1999-2323                                                        
          Application No. 08/434519                                                   


          examiner considers that such ranges for the flooding angle                  
          would have been an obvious matter of design choice to one of                
          ordinary skill in the art, since a receptacle whose walls are               
          inclined at such angles would provide a receptacle which                    
          concentrates the bait at the center of the receptacle through               
          the forces of gravity acting upon the bait within the                       
          receptacle.                                                                 


          In this instance, we are in agreement with the examiner.                    
          Based on the teachings in Wefler, in the paragraph bridging                 
          columns 4 and 5 thereof, and the showings in Demarest '229, we              
          consider that it would have been obvious to one of ordinary                 
          skill in the art to provide the insect bait station of Wefler               
          with a concave receptacle in the form of an inverted conical                
          shape so as to achieve the end desired by Wefler, i.e., of                  
          having even minimal amounts of liquid bait (156) on the floor               
          (118) drain toward the porous pad (158) and thereby be                      
          sufficient to contact the porous pad for transport upwardly                 
          toward the upper surface (154) thereof.  As for the ranges of               
          flooding angle set forth in claims 5 through 7 on appeal, we                
          share the examiner's view that such ranges would have been an               
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