Ex Parte Sims - 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          written for publication and is not binding precedent of the Board.          
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     _____________                                    
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                               Ex parte GREGORY A. SIMS                               
                                     ____________                                     
                                 Appeal No. 2005-1035                                 
                              Application No. 09/800,153                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GARRIS, WALTZ, and TIMM, Administrative Patent Judges.               
          GARRIS, Administrative Patent Judge.                                        

                                  DECISION ON APPEAL                                  
               This is a decision on an appeal which involves claims 1-5 and          
          7-12.                                                                       
               The subject matter on appeal relates to a system for                   
          distributing pesticide into interior walls of a building.  With             
          reference to the Appellant’s drawing, the system comprises a port 9         
          mounted in an exterior wall of the building, wherein the port is            
          adapted to receive a discharge portion of a fluid injection device          
          46 which includes an inert gas inlet, a pesticide inlet, and valve          
          means for selectively providing inert gas and pesticide to the              
          discharge portion.  The system further comprises a distribution             





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