Ex Parte EMMRICH et al - Page 3





               Appeal No. 2000-0345                                                                                                 
               Application No. 08/419,219                                                                                           
                                                        BACKGROUND                                                                  
                       The specification discloses a process for controlling flying insects.  The process                           
               utilizes a substrate that is impregnated with an insecticide that is capable of passively                            
               evaporating into the surrounding environment.  An insect control article containing the                              
               substrate is placed in an environment that allows for the substrate to be exposed to air                             
               movement.  The insecticide impregnated in the substrate is then allowed to passively                                 
               evaporate into the air.  See Specification, pages 4-5.  According to the specification, the                          
               insect control articles “are effective in killing or repelling mosquitoes within the air of a                        
               room or the volume of air in the vicinity of a person sitting on a patio, at a picnic table, or                      
               the like.”  Id. at page 1.                                                                                           
                                                         DISCUSSION                                                                 
                       The Examiner’s Answer rejects claims 8-14 under 35 U.S.C. § 102(b) as being                                  
               anticipated by Landsman.  Due to its brevity, the entire rejection is set forth below.                               
                               Landsman et al relates to an insect repellent tape which may be                                      
                       placed in and around rooms for insecticidal purposes.  The absorbent strip                                   
                       base material is of an absorbent paper.  The preferred residual insecticidal                                 
                       materials are used in the form of 3 to 10% emulsions.  Desirably these                                       
                       compounds are further saturated upon the absorbent tape.  (Note column                                       
                       1, lines 8-11; 56-70; column 2, lines 8-9; column 3, lines 48-51; lines 72-                                  
                       75).  The reference shows pyrethrins as a strip e.i. [sic] (Page 7, lines 20-                                
                       45.)  At varying concentrations. [sic]  (Line 43 of column 7-line 6 of column                                
                       8).  The efficacy of pyrethrin transfluthrin and prallethrin insecticides is                                 
                       known.                                                                                                       
               Answer, page 3.                                                                                                      


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