Drug – bio-affecting and body treating compositions – Preparations characterized by special physical form – Biocides; animal or insect repellents or attractants
Reexamination Certificate
2001-11-08
2004-11-02
Levy, Neil S. (Department: 1616)
Drug, bio-affecting and body treating compositions
Preparations characterized by special physical form
Biocides; animal or insect repellents or attractants
C424S405000, C424S407000, C514S675000
Reexamination Certificate
active
06811791
ABSTRACT:
BACKGROUND OF THE INVENTION
The present invention relates to insect and animal control compositions and insect repellent compositions effective against iris borers, other borers, and sucking or chewing insects, and animal repellent compositions especially effective against deer, elk, squirrels, chipmunks, rodents, rabbits and other warm-blooded mammals browsing on ornamental plants, trees and non-food crops. The invention also provides a method for insect and animal control utilizing the composition. The composition is a concentrated water-based formulation.
In one aspect, the invention is directed to insect control and the invention is described by way of illustrative application as a deterrent or control for iris borers for which there is presently no satisfactory means of control apart from the method and composition disclosed and claimed in co-pending application Ser. No. 832,624 filed Apr. 11, 2001.
Iris borers have a particularly destructive effect on irises and are highly detrimental to cost and labor invested in irises by growers and gardeners. Iris growers regard the iris borer as the biggest problem to be faced in growing irises in North America and other countries. The Cooperative Extension Institute of Agriculture and Natural Resources of the University of Nebraska states that the iris borer is the most serious insect pest of iris in Nebraska and is found virtually everywhere in the state.
The life cycle of iris borers includes four stages: egg, larva (borer or caterpillar), pupa, and finally the adult night-flying moth. The moths appear in September or October, lay eggs on and near iris plants which hatch in the spring as larvae.
The larvae feed on new growth, bore into leaf sheaths and eat their way into the base and rhizome. In late summer the larvae leave hollowed out rhizomes and pupate in the nearby soil. The moths emerge in about a month beginning a new cycle of life and iris destruction.
There are four principal methods for controlling the iris borer: the practice of garden hygiene especially in the spring and autumn, use of pesticides, particularly Cygon 2E, introduction of beneficial nematodes into the soil, and physical search and destroy methods. Cygon 2E is being removed by the United States EPA from use by nurseries, homeowners and other growers.
Garden hygiene practice involves spring and fall garden clean-up, physical removal of any larvae found, squeezing of leafs where there is evidence of boring or mining in leaf sheaths. If larvae have tunnelled from the base into the rhizome, the plants must be dug up, the rhizomes examined, and any borers or rot caused by them removed by cutting away. The rhizome is then left in the sun to dry and scab over for several days. Before replanting in the soil, the planted area must be sifted by hand to remove any borers or pupae. Following this treatment, the transplanted rhizomes may not bloom for one or two years. This practice is neither a satisfactory nor complete means of control.
Iris growers use Cygon 2E (dimethoate) pesticide as the standard recommended chemical for killing borers and their larvae. Dimethoate is a powerful chemical and only is effective for ten days to two weeks in the spring. After that point the borers are beneath the ground and so large that no reasonable chemical control is effective. Chemicals will have no effect on borers that have penetrated iris rhizomes.
Dimethoate is highly toxic and kills beneficial as well as undesirable organisms. It is classified by the EPA as a group 3 carcinogen. By agreement of the EPA and the manufacturer, dimethoate will not be re-registered by the EPA pesticide review program for residential use.
Nematodes are used to find and destroy borers, however, nematodes themselves must be controlled since high populations retard healthy plant growth. Nematode controls are chemical as well as biological and are considered unsatisfactory in presenting a new set of problems including chemical contamination and expense.
In another aspect, the invention is directed to animal control particularly control of deer, elk, squirrels, chipmunks, rodents, rabbits and other warm-blooded mammals. In recent years animal population has grown to a point as to be present in significant numbers. These animals are considered pests when they feed on ornamental and other plants, trees, bulbs, seed and rhizomes and non-food crops cultivated with considerable investment in plants, equipment and labor.
The present invention utilizes methyl nonyl ketone as active ingredient in achieving insect and animal control. Methyl nonyl ketone (known also as undecanone-2) is a well-known insect repellent, insecticide, and animal repellent being disclosed in prior United States patents, and registerable for use as a pesticide by the United States Environmental Protection Agency. U.S. Pat. No. 4,555,015 to Haase discloses methyl nonyl ketone applied to plastic film bags as an animal repellent. U.S. Pat. No. 4,775,532 to Clayton discloses methyl nonyl ketone carried by dialkhyl adipate for use as an animal repellent. U.S. Pat. No. 3,474,176 to Freeman discloses methyl nonyl ketone admixed with isopropanol, and also admixed with petroleum distillate and polyethelene glycol emulsifier with each mixture used as an animal repellent spray from a pressurized aerosol dispensing container. U.S. Pat. No. 2,283,471 to Swaine discloses methyl nonyl ketone with benzene triethanolamine-oleate and water for use as an insecticide. U.S. Pat. No. 4,169,898 to Haase discloses methyl nonyl ketone mixed with 3-phenylpropenal for use as an animal repellent, particularly dogs and cats. U.S. Pat. No. 4,562,794 to Speckman discloses methyl nonyl ketone among other active ingredients dispensed by a device worn by an animal for dealing with ectoparasites. U.S. Pat. No. 4,338,352 to Allan discloses methyl nonyl ketone released from biodegradable, microporous structures such as never-dried wood pulp for use as a repellent. U.S. Pat. No. 6,001,874 to Veierov discloses a number of conventional “behavior interfering compounds” including methyl nonyl ketone applied by means of an agricultural oil.
Methyl nonyl ketone is highly effective as an insect and animal repellent, however, methyl nonyl ketone has a twelve-hour half-life and degrades rapidly under exposure to ultraviolet light, water and oxygen, and by exposure to microbes in the soil. The present invention is directed to a concentrated water-based composition for stabilizing methyl nonyl ketone to substantially improve its usefulness as an insect and animal repellent and, by way of illustrative application, its usefulness in repelling iris borers. The invention also provides a method for insect and animal control in using the composition.
SUMMARY OF THE INVENTION
The compositions of this invention comprise an active ingredient, methyl nonyl ketone, dispersed in an water/polymer solution wherein when the composition dries leaving a polymer film, the polymer cross-links binding the active ingredient within the polymer film matrices. Polymers and combinations of polymers are chosen so as to determine both the amount of active and other ingredients trapped within the polymer film matrices, the rate of degradation of the polymer matrix which affects the rate of release of the active ingredient under various environmental conditions, as well as the flexibility of the polymer film. A solubilizer is selected to dissolve the active ingredient and to dissolve easily in water. A spreading agent soluble in the active ingredient/solubilizer/water mixture spreads the formulation evenly over an application surface preventing pockets of active ingredient from forming thereby ensuring a uniform dose. A bittering agent is also used in the formulation.
Compositions according to the invention are suitable for applying using conventional containers with manual dispensing pumps, aerial application, by means of power assisted spray mechanisms or soil drench methods.
In the method according to the invention, an active ingredient is mixed with solubilizer and environmentally soluble polymer or copolym
Levy Neil S.
Mateo William L.
Walsh Patrick J.
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