Ex parte MCKIBBEN et al. - Page 9




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

                         the material forming the coating, or the coating is subsequently                                   
                         impregnated or soaked or sprayed, for example with the agent                                       
                         described above for spraying.                                                                      
                                Coatings which contain the incorporated active compound can                                 
                         also be formed by paints or surface coatings containing active                                     
                         compound.  These contain the active compound in a concentration of                                 
                         0.00001-1, preferably 0.001-10, per cent by weight, in addition to the                             
                         customary coating base.  Dispersion paints and surface coatings are                                
                         preferably used as the coating base.                                                               

                         As stated in the Claim Interpretation section above, we recognize that                             
                  individual components of the claimed composition are able to fulfill more than one                        
                  function.  For example, on this record it is reasonable to conclude that the acrylates                    
                  and methylacrylates of Stendel will serve as both binders for the coating as well as                      
                  high molecular weight polymers which retard evaporation of impregnated active                             
                  agents.  The kaolin and bentonite are filler/thickeners as well as pigments.  The                         
                  toxicant diluted in cottonseed oil (column 3, line 28) provides the insect toxicant and                   
                  the insect feeding stimulant.  The only component of the composition recited in                           
                  claim 42 absent from Stendel is the pheromone.                                                            
                         Shearer discloses major pheromone components of the Nassanoff                                      
                  pheromone (citral, geraniol and nerolic acid) which are attractive to honey bees:                         
                         [h]oney bees use the Nassanoff pheromone to mark rich sources of                                   
                         forage, and also to mark their hive.  The scent attracts companions                                
                         and guides newly recruited foragers.  It may also help in the navigation                           
                         of established foragers or migrating swarms. (page 1520, last                                      
                         paragraph)                                                                                         

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