Ex parte MCKIBBEN et al. - Page 11




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

                  reason, suggestion or motivation in the nature of the problem to be solved.3  Stendel                     

                  discloses that treatment of the honey bees can be carried out in a number of ways,                        
                  including direct contact with the coating carriers (column 2, lines 39-45).  One of                       
                  ordinary skill in the art would have understood and recognized that inclusion of                          
                  pheromones taught by Shearer and Quisumbing in the coating carriers taught by                             
                  Stendel would have further attracted the honey bees, thereby increasing the contact                       
                  between the honey bees and the coating carriers.                                                          
                         We affirm the rejection of claim 42 over the combined teachings of Stendel,                        
                  Shearer, and Quisumbing.                                                                                  
                  3.     The rejection of claim 42 over the combined teachings of Meyer and                                 
                  Largman                                                                                                   
                         Claim 42 is drawn to an article of manufacture 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 a polymer, at least one                      
                  insect pheromone, at least one insect feeding stimulant and an insect toxicant.                           


                                                                                                                            
                         3  The reason, suggestion, or motivation to combine two or more prior art                          
                  references may come from the references themselves, from  knowledge of those                              
                  skilled in art that certain references or disclosures in references are known to be of                    
                  interest in particular field, or from the nature of  the problem to be solved.  Pro-Mold                  
                  Tool Co. v. Great Lakes Plastics Inc., 75 F. 3d 1568, 1573, 37 USPQ2d 1626,1629                           
                  (Fed. Cir 1996 ).                                                                                         
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