Appeal No. 2000-0345
Application No. 08/419,219
Since the remaining claims all depend from claim 8, the reference fails to
anticipate the remaining claims on appeal as well. The rejection under 35 U.S.C.
§ 102(b) is accordingly reversed. We do, however, enter new grounds of rejection
under 37 CFR § 1.196(b).
REJECTION UNDER 37 CFR § 1.196(b)
1. 35 U.S.C. § 102(b)
Claims 8-10 are rejected under 35 U.S.C. § 102(b) as being anticipated by
Kauth.
Kauth teaches an insect control article comprising a carrier material and one or
more insecticidal compositions, wherein the insect control article may be hung in a
clothes closet for the control of textile insects, such as the clothes moth, the fur moth,
the larder beetle and the fur beetle. See Kauth, col. 1, lines 11-20 and lines 61-66. The
reference specifically discloses that pyrethroid insecticides, such as vaporthrin, applied
to a carrier material in an amount of 0.2-5 g/m2, see id. at col. 2, lines 14, 15 and 22,
and also discloses the use of carrier materials such as paper, cardboard, plastic films,
textile materials or non-woven materials, see id. at lines 27-29. Kauth specifically
exemplifies an insect control article wherein paper is used as the carrier material, which
is coated with 4 or 8 mg/cm2 of vaporthrin at room temperature.
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