Ex Parte OGURA et al - Page 5




              Appeal No. 2001-2046                                                                                        
              Application No. 08/665,046                                                                                  

              the opposite sex.   Diffusion of pheromone is obtained by either placing the dispensers                     
              in various distinct and suitably distanced areas to be protected or distributing the                        
              pheromone containing product uniformly over the whole area.   According to Capizzi,                         
              the risk of mating is reduced by increasing the number of localized dispensers or the                       
              concentration of the uniformly distributed pheromone containing product.   Column 2,                        
              lines 7-13.  Answer, page 5.                                                                                
                     The examiner characterizes Von Kohorn as describing cords impregnated with                           
              various active agents such as pheromones, which can be dispensed to surround an                             
              environment that is to be treated.   The examiner cites Figure 7, and Column 8, lines                       
              50-57; column 13, lines 49-51; and columns 4-5 and 20-22, in support of this position.                      
                     McDonough is cited by the examiner for the disclosure (Answer, pages 5-6):                           
                     that in the field of controlling insects through sex hormones, it would be                           
                     well within the skill of the ordinary skilled artisan to determine, upon                             
                     routine experimentation, the optimum amount of the pheromone that is to                              
                     be released from the controlled released dispensers (see column 4, lines                             
                     7-29; columns 12-13, Example 6).   Further, McDonough et al disclose                                 
                     that factors such as population density will affect efficacy, and Athe exact                         
                     dose to use in any particular set of circumstances can readily be                                    
                     determined by a dose response field test@ (see the paragraph bridging                                
                     columns 3-4).                                                                                        


                     Finally, Hummel Ais cited to show that for the mating disruption of a certain                        
              insect, total daily pheromone release of 1-10g/ha/day was used...@   Cardé is cited to                      
              show that for the mating disruption of another insect the total daily release of                            
              pheromone is 0.15g/ha from 1700 locations/ha was used.  Answer, page 6.                                     
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