Appeal No. 2000-0345
Application No. 08/419,219
does not exclude the practice of the method in a smaller enclosed space such as a
closet. Therefore Kauth anticipates the method recited in claim 8.
Claim 9 requires that substrate or carrier material be “selected from the group
consisting of paper-board, open pore cellulosic materials, coiled, corrugated paper,
woven cloth and non-woven pads or felts of any suitable fiber, gels, and absorbent
solid-porous foams.” As Kauth teaches that the carrier may be paper, cardboard and
textiles, claim 9 is also anticipated by the Kauth reference.
Claim 10 requires that the insect control material be impregnated within the
substrate in an amount of 0.1 to 10 mg/cm2. As Kauth exemplifies an insect control
paper strip coated with 4 or 8 mg/cm2 of vaporthrin, claim 10 is also anticipated.
2. 35 U.S.C. § 103(a)
Claims 11, 13 and 14 are obvious over the teachings of Kauth, and thus do not
meet the statutory requirements of 35 U.S.C. § 103(a).
The teachings of the Kauth reference are set forth above. Claim 11 requires that
the insect control article also include a “hanger means for hanging the impregnated
substrate in a suitable environment for use.” This limitation is set forth as “means plus
function,” thus we must look to the specification to determine the structures that serve
as the “hanger means.” See In re Donaldson, 16 F.3d 1189, 1192, 29 USPQ2d 1845,
1848 (Fed. Cir. 1994). The specification states that “[e]xamples of suitable hanger or
attachment means . . . include hooks, strings, mechanical clips and fasteners,
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