Appeal No. 2000-0345
Application No. 08/419,219
adhesives, and the like.” Specification, page 9, lines 28-30. The Kauth patent teaches
that its insect control article may be hung in a closet, but does not provide any specific
structures by which the insect control article may be hung. We take Official Notice that
the use of hanging means such as hooks, strings, adhesives and the like are well
known in the art of pest control.1 Thus, it would have been obvious to the ordinary
artisan to use hanging means such as hooks, strings, adhesives, etc., as set forth in the
specification because the use of such structures to hang an article such as an insect
control strip is well known and routine in the art, and Kauth specifically teaches that the
insect control article may be hung in a closet.
Claim 13 requires that the insect active control ingredient include transfluthrin or
tefluthrin, and claim 14 requires that the insect active control ingredient include
transfluthrin. As discussed above, Kauth teaches the use of pyrethroids such as
vaporthrin, but does not suggest the use of the pyrethroids transfluthrin or tefluthrin. We
note that the specification infers that the pyrethroids transfluthrin or tefluthrin are known
insecticides, thus we take Official Notice of their known use as insecticides.2 It would
have been obvious to the routineer to use a pyrethroid such as transfluthrin or tefluthrin
1 If Appellants dispute that these structures are not well known in the art for use as means to hang a pest
control article, they are required to make their challenge of record in response to the above new grounds
of rejection. If no such challenge is made of record in the response, the fact that is the subject of the
Official Notice will be deemed to be admitted as fact.
2 Again, if Appellants wish to challenge the fact the pyrethroids transfluthrin or tefluthrin are known
insecticides, they must make that challenge of record in response to the above new grounds of rejection.
Otherwise, the fact will be deemed as admitted by Appellants.
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