Ex Parte Nelson - Page 3




              Appeal No. 2002-2275                                                                Page 3                
              Application No. 09/652,357                                                                                


                     In reaching our decision in this appeal, we have given careful consideration to                    
              the appellant's specification and claims, to the applied prior art references, and to the                 
              respective positions articulated by the appellant and the examiner.  As a consequence                     
              of our review, we make the determinations which follow.                                                   
                     The appellant’s invention relates to a device for capturing insects or other small                 
              pests without having to handle them directly, by manually capturing the pest by                           
              attachment to a pressure responsive adhesive on a substrate which can be folded over                      
              on itself.  Claim 1 sets forth the invention in the following manner:                                     
                     1.     A device for restraining an insect comprising a continuous planar                           
                            sheet substrate said substrate comprised of a homogeneous                                   
                            material and having a top side and a bottom side, said substrate                            
                            having an adhesive distributed on said top side to form an                                  
                            engagement area, said engagement area not encompassing two                                  
                            lateral side areas on said top side of said substrate, said top side of                     
                            said substrate and said engagement area further comprising a                                
                            compressible, and hydrophilic pliable material, whereby when said                           
                            sheet is manually manipulated so that when said engagement area                             
                            on said top side covers said insect and a force is manually applied                         
                            to said substrate from said bottom side, said insect will cause said                        
                            substrate to collapse and form a concave depression which closely                           
                            conforms to the shape of said insect and therefore partially embed                          
                            said insect within said substrate wherein the body of said insect                           
                            may displace said substrate without rupturing the body of said                              
                            insect and said engagement thereby increases the total contact                              
                            area between said adhesive and said insect, and removable means                             
                            to cover said adhesive area prior to use.                                                   












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