Appeal 2006-3386
Application 10/448,569
4. A method for killing rodents, comprising the steps
of
(a) placing a delivery orifice into an underground
tunnel used by the rodents;
(b) 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 gophers2 unconscious, preventing the gophers
in the tunnel from blocking the tunnel against further
application of gaseous mixture; and
(c) 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.
THE REJECTIONS
The Examiner relies upon the following as evidence of unpatentability:
McQueen US 4,594,807 Jun. 17, 1986
Chu US 5,349,778 Sep. 27, 1994
The following rejections are before us for review.
1. Claims 3 and 4 stand rejected under 35 U.S.C. § 102(b) as anticipated by
Chu.
2. Claims 3 and 4 stand rejected under 35 U.S.C. § 103(a) as obvious in view
of McQueen.
2 We note that the reference to “the gophers” throughout the remainder of this
claim lacks proper antecedent basis.
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