Ex Parte OGURA et al - Page 1




              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              for publication and is not binding precedent of the Board.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.                             

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