The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board
Paper No. 29
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte GERALD M. McKIBBEN, JAMES W. SMITH and
WILLIAM L. McGOVERN
__________
Appeal No. 2001-0647
Application 08/150,703
__________
ON BRIEF
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Before WILLIAM F. SMITH, ROBINSON, and MILLS, Administrative Patent Judges.
WILLIAM F. SMITH, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision in an appeal under 35 U.S.C. § 134 from the final rejection
of claims 32-38, 42, 46-53, 64, and 65. Claims 66-71 are also pending and have
been allowed. Claims 42 and 65 are representative of the subject matter on appeal
and read as follows:
42. An article of manufacture for controlling insect pests comprising a
substrate having thereon (1) a coating of a composition comprising a binder,
a pigment, an insect toxicant, an insect feeding stimulant, and an ingredient
which is both a filler and a thickener; and (2) a bait insecticide composition
comprising
1
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