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for publication and is not binding precedent of the Board.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. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte HAYATO TESHIMA and TAKAAKI ITOH
__________
Appeal No. 2001-1160
Application No. 08/479,977
__________
HEARD June 10, 2003
__________
Before WILLIAM F. SMITH, SCHEINER, and GRIMES, Administrative Patent
Judges.
GRIMES, 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 6 and 8-16, all of the claims remaining. Claim 6 is
representative and reads as follows:
6. A method for controlling termites, comprising the step of applying to
soil where termites are alive or wood, a termite controlling effective amount of a
composition comprising (i) 3-(2,2-dihalovinyl)-2,2-dimethylcyclopropanecarboxylic
acid 3-phenoxybenzyl alcohol ester, the alcohol of which may have a cyano group
at α-position and (ii) N-(2-ethylhexyl)bicyclo[2.2.1]hept-5-en-2,3-dicarboximide in a
weight ratio in the range of 1:1 to 1:20, as active ingredient and inert carrier.
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