Appeal No. 2000-0604
Application No. 08/483,735
target surface to define an enclosed space such that
substantial loss of moisture from the enclosed space
is prevented, the delivery housing opening providing
termite communication between the target surface and
the enclosed space such that termites that may be
present on the target surface have access to the
toxic termite bait material in the delivery housing.
The sole prior art reference of record relied upon by the
examiner as evidence of obviousness is:
Burgess 3,564,750 Feb. 23, 1971
The following rejection is before us for review.
Claims 2, 3, 5, 7, 8, 10, 43-46, 49 and 50 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Burgess.
Reference is made to the brief (Paper No. 28) and the
final rejection and answer (Paper Nos. 25 and 29) for the
respective positions of the appellants and the examiner with
regard to the merits of this rejection.
OPINION
In reaching our decision in this appeal, we have given
careful consideration to the appellants' specification and
claims, to the Burgess reference, and to the respective
positions articulated by the appellants and the examiner. As
a consequence of our review, we make the determinations which
follow.
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