Ex Parte EMMRICH et al - Page 2





               Appeal No. 2000-0345                                                                                                 
               Application No. 08/419,219                                                                                           


                       8. A method for controlling flying insects comprising the steps of:                                          
                       a.  providing an insect control article having a substrate with an essentially open                          
                           surface that is impregnated with an active insect control ingredient in a                                
                           structure such that the ingredient will readily passively evaporate when                                 
                           exposed to air, wherein the active insect control ingredient is selected from                            
                           the group consisting of transfluthrin, prallethrin, vaporthrin, tefluthrin, and                          
                           combinations thereof;                                                                                    
                       b. placing the insect control article in an environment with air movement and                                
                           exposing the substrate of the insect control article thereto; and                                        
                       c. allowing the active insect control ingredient impregnated within the substrate                            
                           to passively evaporate into the air in an environment free of added heat.                                
                       The examiner relies on the following reference:                                                              
               Landsman et al. (Landsman)                     3,295,246                     Jan. 3, 1967                           
                       In addition, we refer to the following references, which were made of record                                 
               during the prosecution of the instant application, and are referred to on pages 2 and 3 of                           
               the specification, respectively.                                                                                     
               Kauth et al. (Kauth)                          4,796,381                     Jan. 10, 1989                          
               Clarke                                       2,720,013                     Oct. 11, 1955                          
                       Claims 8-14 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                                  
               Landsman.  After careful review of the record before us, we reverse the rejection.  We                               
               do, however, conclude that the claims on appeal are unpatentable over the prior art of                               
               record, and thus enter new grounds of rejection under 37 CFR § 1.196(b).                                             




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