Ex parte MCKIBBEN et al. - Page 10




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

                  Quisumbing teaches controlled release of insect pheromones from polymeric                                 
                  material with the active ingredient (pheromone) implanted in a layer (page 214,                           
                  seventh full paragraph).  This reference also teaches that the inner layer serves as a                    
                  reservoir for the active ingredient (pheromone) and that additional active ingredients                    
                  (such as insecticides) may also be included in the this layer. Quisumbing then                            
                  discusses the nature of the reservoir (inner layer) and the controlled release of                         
                  pheromones:                                                                                               
                         Essentially the laminated active agent in the dispenser migrates                                   
                         continually, due to an imbalance of chemical potential, from the                                   
                         reservoir layer through one or more outer layers to the exposed                                    
                         surface and it thereby becomes available for biological action. (page                              
                         217, third full paragraph)…In previous studies with an antibacterial                               
                         agent, an insecticide, and a fungicide, transport or release was                                   
                         fastest through the flexible PVC barrier film, followed by rigid PVC,                              
                         acrylic, polypropylene, nylon and polyester.  Polymer backbone                                     
                         stiffness is an important consideration when controlling the release                               
                         rate of certain pheromone components, e.g. aldehydes, which are                                    
                         normally volatile and unstable. (page 219, paragraph c)                                            

                  We note significant overlap between the polymer backbone materials taught by                              
                  Quisumbing and the binders taught by Stendel, corroborating our position that                             
                  the binders taught by Stendel provide the dual function of binders and controlled-                        
                  release polymers.                                                                                         
                         The question now becomes whether there is a reason, suggestion or                                  
                  motivation to include a pheromone in the coatings taught by Stendel.  We find said                        


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