Appeal No. 2005-1035
Application No. 09/800,153
REMAND
As stated earlier, the Examiner has expressed no position
on this appeal regarding the obviousness of modifying Jackson’s
fumigation system in such a manner as to result in the arrangement
of tubing members and discharge openings required by independent
claim 1. Concerning this issue, it is significant that the last
full paragraph on page 2 of the subject specification describes the
Appellant’s prior art patents for a pesticide distributing system
"in which lengths of flexible tubing having a plurality of spaced,
tiny discharge orifices are distributed throughout the walls of
a building” (specification, page 2, lines, 11-12). Indeed, the
application file record reflects that at least one of the
Appellant’s prior art patents (i.e., U.S. Patent No. 4,944,110) was
cited on an information disclosure statement filed June 1, 2001 and
that the Examiner considered this patent on February 7, 2003.
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