Ex parte MCKIBBEN et al. - Page 8




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

                  specification.  Nor has the Examiner relied upon extrinsic evidence establishing that                     
                  the coating compositions taught by Stendel meet the “friable” limitation of these                         
                  claims.  Absent a proper accounting of the word “friable,” we hold that the Examiner                      
                  has failed to establish a prima facie case of obviousness.                                                
                         The rejection of claims 32-38, 46-53, 64, and 65 over the combined                                 
                  teachings of Stendel, Quisumbing, Lloyd, Shearer, Seiner and Scholl is reversed.                          
                         B.     The rejection of claim 42 over the combined teachings of Stendel,                           
                  Quisumbing, Lloyd, Shearer, Seiner, and Scholl.                                                           
                         As discussed above, Stendel describes methods for controlling parasitosis                          
                  in honey bees through use of an active agent which is placed so that the bees come                        
                  in contact therewith or through the social exchange of food (column 2, lines 39-50).                      
                  At column 5, lines 26-51, Stendel describes coating compositions comprising                               
                  pyrethroid, an insect toxicant:                                                                           
                                …suitable carriers are also coatings which have been applied                                
                         to a rigid or flexible substrate.  Coatings of this type may be                                    
                         absorbent and be treated with agents containing active compound.                                   
                         However, they can also be non-absorbent and contain the                                            
                         incorporated active compound.  As a rule, these coatings are                                       
                         adherent polymers to which, where appropriate, inert fillers have been                             
                         added.  The polymers which are used for this purpose are the surface                               
                         coating raw materials of the paints industry and, for example, cellulose                           
                         derivatives, acrylates and methylacrylates.                                                        
                                Examples of fillers for the production of absorbent coatings                                
                         which may be mentioned are kaolin, calcium carbonate, silicates,                                   
                         bentonites, cellulose, cellulose derivatives, starch and sawdust.  In                              
                         these cases, the active compound is either already incorporated in                                 
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