Animal repellent and method

Drug – bio-affecting and body treating compositions – Preparations characterized by special physical form – Biocides; animal or insect repellents or attractants

Reexamination Certificate

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C424S405000, C424S406000, C424S407000, C424S418000, C424S421000, C514S920000

Reexamination Certificate

active

06383508

ABSTRACT:

The invention generally relates to an animal repellent and, in particular, the invention relates to a repellent composition which is transparent and can be applied to a wide range of surfaces, and to a method for the use of such a composition.
BACKGROUND OF THE INVENTION
The prior art deer repellent formulation is described in U.S. Pat. No. 4,965,070, issued Oct. 23, 1990, to James Messina, the same inventor as this application. The prior art formulation consisted essentially of, by volume, 68 to 90% water; 6 to 10% thiram; 0.5 to 2% chicken eggs; 1 to 2% liquid hot sauce; 2 to 16% adhesive to aid in adhering to vegetation; and 0.5 to 2% coloring dye. The dye is necessary so the coating will blend in with the foliage.
One problem of the prior art deer repellent formulation is that, although the ingredients are common materials, it requires approval of the Environmental Protection Agency (“EPA”) which involves long and costly tests. Formulations of this type are applied by small companies, such as landscape gardeners, and the obtaining of approval from the EPA is financially prohibitive. This results in widespread destruction of homeowners' landscaping because of the unfettered proliferation of deer in suburban areas. Further, the prior art materials have a limited effective life and the odor of the formulation can limit its acceptance. A further problem with the prior art compositions is that they require a colorant to hide their presence on the foliage.
OBJECTS OF THE INVENTION
One object of the present invention is to provide an improved animal repellent formulation for application to shrubs, plants or the like, which can be acceptable under EPA regulations.
Another object of the invention is to provide an animal repellent formulation more acceptable to humans.
Another object of the invention is to make use of EPA-approved components without reduction of the effectiveness of the treatment.
A still further object is to provide such a composition which is transparent.
Other objects and the advantages of the invention will appear from the following description.
SUMMARY OF THE INVENTION
According to the present invention, an animal repellent formulation and method for its use are provided. The formulation is an aqueous solution or mixture consisting essentially of water and a composition comprising 5 to 20 ounces of Rosemary oil emulsion, 5 to 20 ounces of mint oil emulsion, zanthan gum as a thickener and sufficient water to make one gallon (128 ounces). If desired, the formulation can be modified by adding 10 to 30 ounces of white distilled vinegar, 10 to 30 ounces of dried eggs and 1 to 15 teaspoons of table salt. The thickener can be added to give the composition the desired application characteristics. Typical would be 1 to 5% of the total composition of thickener. All of the percentages are by volume of the composition.
Prior to application to vegetation, the composition is diluted in a concentration of one part of repellent to approximately 5 to 15 parts water. The mixture is stirred until a uniform composition is obtained. The composition is then diluted, one (1) part composition with nine (9) parts water, and is sprayed onto the foliage of plants or grass to be protected using a fine nozzle power spray at the rate of approximately one gallon of composition for each 35,000 square feet of foliage.
This formulation has proved effective in repelling deer and geese.
As an alternate procedure, the composition can be impregnated into a rope with the rope being placed around the vegetation to be protected.
DESCRIPTION OF THE PREFERRED EMBODIMENT
The preferred animal repellent formulation is an aqueous solution or mixture consisting essentially of water and a composition comprising 10 ounces of Rosemary oil emulsion, 10 ounces of mint oil emulsion, zanthan gum as a thickener and sufficient water to make one gallon (128 ounces). If desired, the formulation can be modified by adding 20 ounces of white distilled vinegar, 20 ounces of dried eggs and 10 teaspoons of table salt. In certain instances, when weather conditions are dry, a preservative such as potassium sorbate can be used. The thickener can be added to give the composition the desired application characteristics. Typical would be 1 to 5% of the total composition of thickener. All of the percentages are by volume of the composition. In some instances where greater adherence to the foliage is desired, a sticker such as the material sold under the trademark “Nu Film P” can be added. As an alternative, “CLEARSPRAY” or the like can be used. In particular, the adhesive is used for an animal repellent assembly, which is exposed to substantial amounts of rain or snow.
The composition of the invention can be utilized in the manner described in U.S. Pat. No. 5,183,661, issued on Feb. 2, 1993 to James Messina, the same inventor as in this application. The formulation ofthe invention can be applied to a support medium such as a solid braid, number 8, cotton and polyester, one-quarter inch diameter, sash cord rope of 100-foot length, which is sold by the Lehigh Group, Allentown, Pa. 18105, USA. The support medium can also be a clay material, which ranges in size of clay granules or particles, from dustless fine granules to about one-quarter inch overall diameter or thickness granules. The clay material comes packaged in a0.20 pound bag, which is made of a finely woven cloth material and which has a drawstring along an open top edge thereof, and which has a size of about 4 inches in height by about 3 inches in width when flat. The drawstring threads through spaced holes located about one-half inch down from the bag top edge.
The animal repellent assembly of support rope and formulation can be wrapped around a shrub or plant or strung between shrubs and plants. The animal repellent assembly of support medium clay material and formulation can be distributed under and around shrubs and plants or the like.
It is noted that 16 fluid ounces of animal repellent formulation is sufficient to wet the 100-foot length of one-quarter inch diameter rope. Also, 11 fluid ounces of animal repellent formulation is sufficient to wet throughout the one pound of clay granules. A shorter rope length requires proportionally less fluid ounces of formulation based upon rope length and rope cross-section areas. Less than one pound of clay granules medium requires proportionally less fluid ounces of formulation based upon medium volume.
The animal repellent formulation can also be prepared for addition to a container having sufficient holes or openings to allow the animal to lick the container and come in contact with the repellent formulation. The fluid animal repellent formulation is admixed with wheat flour and corncob grounds to form a semi-solid composition and then poured into the container having openings.
The following examples are given for purposes of illustration and not by way of limitation.


REFERENCES:
patent: 4536583 (1985-08-01), Mookherjee et al.
patent: 5368866 (1994-11-01), Loucas
patent: 5783204 (1998-07-01), Messina
Schilcher, Dtsch. Apoth. Ztg. (124, No. 29, 1433-42, 1984).

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