Ex Parte Brody - 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                                    for publication and is not binding precedent of the Board.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. 18              

                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                
                                                     ____________                                                       
                                    BEFORE THE BOARD OF PATENT APPEALS                                                  
                                                AND INTERFERENCES                                                       
                                                     ____________                                                       
                                               Ex parte YAAKOV BRODY                                                    
                                                     ____________                                                       
                                                 Appeal No. 2002-2243                                                   
                                               Application No. 09/768,321                                               
                                                     ____________                                                       
                                                       ON BRIEF                                                         
                                                     ____________                                                       
              Before COHEN, STAAB and BAHR, Administrative Patent Judges.                                               
              BAHR, Administrative Patent Judge.                                                                        



                                                DECISION ON APPEAL                                                      
                     This is a decision on appeal from the examiner's final rejection of claims 21, 23,                 
              24 and 26, which are all of the claims pending in this application.                                       


                                                   BACKGROUND                                                           
                     The appellant's invention relates to a method of making a mulch for eradicating                    
              termites without poisoning soil comprising spraying at least one of tree bark and wood                    
              chips with an aqueous solution of a borate salt.  A copy of the claims under appeal is                    






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