Ex Parte Martin et al - 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                                    for publication and is not binding precedent of the Board.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 JEFFREY A. MARTIN, and RONALD O. RICHARDSON                                            
                                                      __________                                                          
                                                 Appeal No. 2006-1738                                                     
                                              Application No. 10/059,564                                                  
                                                      __________                                                          
                                                       ON BRIEF                                                           
                                                      __________                                                          
              Before ADAMS, GRIMES, and LEBOVITZ, Administrative Patent Judges.                                           
              LEBOVITZ, Administrative Patent Judge.                                                                      

                                                DECISION ON APPEAL                                                        
                     This appeal involves claims to compositions for termite monitoring and control.                      
              The examiner has rejected the claims as obvious in view of prior art. We have                               
              jurisdiction under 35 U.S.C. § 134.  We affirm.                                                             
                                                      Background                                                          
                     Termites are well known for their destructive effects on various building                            
              structures.  Specification, page 1, lines 9-10.  To monitor termite infestation, bait                       
              stations have been developed which contain substrates, such as natural wood or                              
              cellulose products, which are normally ingested by termites.  By monitoring the                             
              appearance of termites in the bait stations, termite infestation can be detected, and then                  







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