Appeal 2006-3332
Application 10/161,519
Appellant’s claimed invention is directed to a delivery system and
method for controlling termites. Independent claims 1 and 12 are illustrative
of the claimed invention and read as follows:
1. A delivery system for controlling termites
wherein said delivery system comprises a toxicant-
free monitoring device, a toxicant-containing
matrix, and a durable non-termite-edible delivery
housing for simultaneously holding the toxicant-
free monitoring device and the toxicant-containing
matrix, wherein the delivery housing has a
plurality of openings permitting termite access to
the toxicant-free monitoring device and the
toxicant-containing matrix, and the matrix of the
toxicant-containing matrix comprises a cellulose-
containing material.
12. A method for controlling termites wherein said
method comprises positioning a durable non-
termite-edible delivery housing at a location
accessible to termites, placing a toxicant-free
monitoring device so that said toxicant-free
monitoring device is held by said delivery housing,
and adding a toxicant-containing matrix within
said delivery housing, wherein the delivery
housing has a plurality of openings permitting
termite access to the toxicant-free monitoring
device and toxicant-containing matrix.
The Examiner relies upon the following as evidence of
unpatentability:
Takenaka JP 60-64076 May 7, 19851
Homma (as translated) JP 63-56240 Apr. 10, 1992
Appellant’s admissions (AAPA) (Specification 19:2, 19:11-13)
1 We derive our understanding of this reference from the translation of
excerpts thereof in the electronic record, as this appears to be the only
translation relied upon by the Examiner.
2
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