The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. Paper No. 40 UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte KOICHI OGURA, KINYA OGAWA, TAKEHIKO FUKUMOTO ___________ Appeal No. 2001-2046 Application No. 08/665,046 __________ HEARD: June 11, 2002 __________ Before SCHEINER, MILLS and GRIMES, Administrative Patent Judges. MILLS, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. ' 134 from the examiner's final rejection of claims 4 and 5 all the claims pending in this application. Claim 4 is illustrative of the claims on appeal and reads as follows: 4. A method for controlling injurious insects in a field by disturbing the copulative communication of the insects to prevent proliferation of the insects by releasing a sex pheromone of the insect comprising substantially uniformly distributing sources of the sex pheromone having an effective component release rate of 0.01-2 g/day over the central region of the field at 1 to 50 locations/ha, and substantially uniformly distributing sources of the sex pheromone having an effective component-release rate of 0.01 to 0.05 g/day over the peripheral region of the field at 500 to 2000 locations/ha. 1Page: 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007