Appeal No. 2006-1738 Page 4
Application No. 10/059,564
of not less than approximately 1.033 g/cc.” There is no guidance in the specification as
to what range of values is covered by the term “approximately.” Thus, we construe the
term to indicate that the minimum density is not fixed precisely at 1.033 g/cc, but
includes values outside this range; however, it is not clear how far outside this number
the claim reaches.
2. Obviousness
The examiner rejected Claims 1-8 as being unpatentable under 35 U.S.C. § 103
over Richardson1 in view of Minagawa2.
Richardson discloses termite bait containing cellulose, including microcrystalline
cellulose. Richardson, column 1, lines 30-35; column 2, lines 26-28. The termite bait
composition, according to Richardson, “may be compressed into tablets or granular
form for placement in a termite bait station.” Id., column 2, lines 65-67. However,
Richardson does not disclose the density of a tabletted termite bait, nor operating
pressures at which the compression process may be accomplished.
Minagawa describes making bait tablets for control of noxious insect utilizing a
“conventional procedure … normally under a pressure of about 10 to about 500 kg/cm2.”
Minagawa, column 4, lines 15-18. The disclosure does not restrict the tabletting
process to the recited pressure range, but only describes it as a normal operating
range. In its examples, a specific compression pressure was used to prepare tablets.
Their “tabletability” was evaluated by observing the occurrence of cracks in the tablets.
See, e.g., Id., section titled “Tabletability” at Column 4, lines 59-65.
1 Richardson et al. (Richardson), U.S. Pat. No. 6,416,752, issued July 9, 2002.
2 Minagawa et al., (Minagawa), U.S. Pat. No. 5,096,710, issued March 17, 1992.
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