Appeal No. 2000-0345
Application No. 08/419,219
because the efficacy of such compounds in controlling insects such as flying insects in
known in the art.
Claim 12 is obvious over the teachings of Kauth and Clarke, and thus also does
not meet the statutory requirements of 35 U.S.C. § 103(a).
Claim 12 requires that the insect control means also include a means for
attaching the article to a means for circulating air, and wherein the step of “placing the
insect control article in an environment with air movement and exposing the substrate of
the insect control article thereto includes the step of attaching the control article to
means for circulating air at a selected location not in contact with any fan blades
thereof.”
Again, we need to determine what structures correspond to the “attaching
means” and the “means for circulating air.” See id. As defined discussed above,
“[e]xamples of suitable hanger or attachment means . . . include hooks, strings,
mechanical clips and fasteners, adhesives, and the like.” Specification, page 9, lines
28-30. With respect to the “means for circulating air,” the only structure disclosed by the
specification is a conventional room fan. See id. at lines 27-28.
The teachings of Kauth are discussed above. Kauth does not teach attaching
the insect control article to a conventional room fan.
Clarke teaches an article for distributing an insecticide in rooms and other
enclosed spaces, and specifically teaches that the article has household uses. See Col.
9
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