Appeal 2006-3386
Application 10/448,569
SUMMARY OF DECISION
We REVERSE.
THE INVENTION
Appellant invented a method and apparatus for delivering more than one
agent in sequence into burrows and runs in order to effectively eradicate gophers
and other rodents (Specification 1: 9-11). Claims 3 and 4 are reproduced below.
3. A system for killing rodents, comprising:
a delivery orifice for placing into an underground
tunnel used by the rodents;
a first delivery mechanism delivering a first
substantially odorless gaseous mixture to and through the
delivery orifice for a first period of time, the first mixture
specifically chosen to render the gophers1 unconscious,
preventing the gophers in the tunnel from blocking the
tunnel against further application of gaseous mixture; and
a second delivery mechanism delivering a second
gaseous mixture to and through the delivery orifice for a
second period of time, after the first gaseous mixture is
delivered, the second gaseous mixture specifically chosen
to kill the gophers rendered unconscious by the first
gaseous mixture.
1 We note that the reference to “the gophers” throughout the remainder of this
claim lacks proper antecedent basis.
2
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