Appeal No. 2001-0647
Application 08/150,703
Meyer teaches the production of elastic adhesive compositions which may
serve as vehicles for substances which are poisonous to rodents, insects, etc.
(column 1, lines 15-22). The elastic adhesive (sticky) compositions comprise
particular ratios of resinous gums, fatty acids and caoutchouc body depending on
use in cold or hot climates (column 2, lines 67-83). Meyer further contemplates
applying said compositions to paper, boards, sidewalks for use as vermin-traps or
vermicides (column 2, lines 95-98). The Examiner states:
Meyer teaches an article, boards, traps, (column 2, page 1,
lines 95-105) to which is applied a polymer binder with feeding
stimulants (stearic, palmitic acids) or toxicant regeneration enhancer
(page 1, lines 30-38) with filler/thickener-gums, coloring matter (page
1, lines 89-90) and insect toxicant. There is no pheromone. The
toxicant regeneration enhancer is that of the instant invention. (Final
rejection, page 3)
In the Answer, the Examiner’s position is that Meyer teaches a coating which:
encompasses the nature of the instant inventive coating, over
the substrate, providing an attractant for insects, of polymeric binder,
feeding stimulants of fatty acids, and also regenerators ,
filler/thickener (gums), coloring matter (pigment) and toxicants.
(Answer, page 4)
These passages represent the total of the Examiner’s analysis of the Meyer
reference. It is not readily apparent that the components of the composition taught
by Meyer correspond completely to the components of the coating composition of
the claim 42.
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