Appeal No. 2000-0345
Application No. 08/419,219
Thus, the reference specifically teaches a method of controlling flying insects
(textile insects), wherein an insect control article having an essentially open surface
(carrier materials such as paper) is impregnated with one of the insecticides specifically
recited in claim 8, i.e., vaporthrin. The fact that the insecticidal composition of Kauth
may be hung in a closet for insect control, and that Kauth uses carrier materials such as
paper as claimed in instant claim 9, implicitly requires that the insect control ingredient
will readily passively evaporate when exposed to air. The hanging of the insecticidal
composition of Kauth in a closet at room temperature reads on the steps of “placing the
insect control article in an environment with air movement and exposing the open
surface of the insect control article thereto,” and “allowing the active insect control
ingredient impregnated within the substrate to passively evaporate into the air in an
environment free of added heat.”
On pages 2-3 of the specification, Kauth is distinguished on the basis that the
insect control article are designed to be hung in closets or placed in drawers,
“suggesting that they are understood to be inadequate to protect larger, more open
spaces,” and that “[n]othing in Kauth et al. suggests any ability of their paper or textile
strips to control insects in relatively larger air volumes when held with a moving air
stream.” Claim 8, however is not limited to a method wherein the insect control article is
used to protect large areas such as a large room or an outdoor picnic table or patio, and
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