Ex parte MCKIBBEN et al. - Page 5




                  Appeal No. 2001-0647                                                                                      
                  Application  08/150,703                                                                                   

                         present invention include one or more of shellac, acrylics, epoxies,                               
                         alkyds, polyurethanes, linseed oil, and tung oil (page 5, lines 20-21).                            
                         ...those compositions of the present invention which include a                                     
                         pheromone, provide a controlled release of the                                                     
                         pheromone….controlled release may be augmented by incorporation                                    
                         of certain high-molecular weight polymers which regulate the rate of                               
                         evaporation of the pheromone. (specification, page 7)                                              
                  We recognize that the components enumerated in the claims are included in the                             
                  compositions because they provide certain functions.  We also recognize that                              
                  certain components are able to serve more than one function in the claimed                                
                  composition as can be seen from Appellants’ specification and the teachings of the                        
                  cited prior art.  For example, Quisumbing teaches that a polymer useful to control                        
                  pheromone release is an acrylic polymer.  The present specification does not                              
                  provide any significant guidance as to the identity of “high molecular weight                             
                  polymers.”  Since acrylics are described in the prior art as possessing the function                      
                  of the “high molecular weight polymers” of the claimed compositions and acrylics                          
                  are stated in the present specification to be a binder, it is reasonable to conclude                      
                  that acrylics serve to meet both the binder and high molecular weight polymer                             
                  requirements of the claims on appeal.                                                                     









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