Wildlife controllant and methods of using the same

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, C424S407000, C424S410000, C424S411000, C514S920000

Reexamination Certificate

active

06652870

ABSTRACT:

FIELD OF THE INVENTION
The present invention relates to wildlife controllants and methods of using the same and, more particularly, to wildlife controllants including shellfish waste therein.
BACKGROUND OF THE INVENTION
Deer, elk and other wildlife species are often responsible for a variety of feeding injuries to forest crops, ornamental plants, and food crops. Few non-lethal methods, other than exclusion by barriers, are presently available to prevent or control damage to these crops by such wildlife species. Most repellent materials available, if effective, are short lived in effectiveness and are often difficult to effectively adhere to wet plants, during wet weather, or when crops are irrigated. The present invention provides an alternative to barriers, or can increase the effectiveness of barriers, by providing an improved wildlife controllant to protect plants.
Moles and some burrowing rodents excavate soil into mounds in lawns, gardens, and crop fields where mounds are not wanted. The excavation caused by these animals may cause injury to persons, damage to machinery and may damage certain crops. These animals also construct underground tunnels that allow voles or other rodents to invade and further damage crops. Kill trapping has been the preferred control method. Trapping, however, has been banned in certain states such as in Washington state. The present invention and the described application may be used as an animal controllant designed to cause burrows and nests to be abandoned by moles and certain rodents, thereby reducing or eliminating further burrowing and soil excavation activity.
U.S. Pat. Nos. 4,965,070 and 5,183,661 describe, respectively; (1) a deer repellent formulation of thiram, chicken eggs, liquid hot sauce, and adhesive, and (2) the deer repellent formulation described above, supported by a medium utilizing a cotton and polyester support rope wrapped on or among plants, and a support medium of clay material for application under and around plants. Thiram, however, is now seldom used as a plant repellent if there is a chance of ingestion by humans. This is because of a possible severe physiological reaction to the thiram. Also, chicken eggs and hot pepper sauce usually have little repellency at low concentrations. The rope support medium for deer repellent described in these prior art disclosures is intended as a barrier. However, deer and elk usually easily cross such “barriers” to examine plants they intend to browse. Moreover, the clay support medium for deer repellent described in this prior art typically is distributed under or around shrubs and plants, instead of on foliage, where it is most effective.
U.S. Pat. No. 5,013,551 describes the incorporation of various terpenes and concentrations of terpenes into linear, low-density polyethylene (LLDPE) for forming trash bags resistant to attack by a wide variety of animals. However, the terpenes described do not function as a repellent to ungulates such as deer or elk. Moreover, this prior art reference does not teach a method of repelling animals from browsing foliage.
U.S. Pat. No. 3,962,425 describes a ruminant repellent composition applied in a non-phytotoxic amount to discourage browsing of edible material. This prior art reference consists of lipodal material, such as whole salmon, admixed with a lipolytic enzyme, with the effectiveness increased by adding other lipoidal material, to form a repellent putrescent decomposition product. The lipoidal product described, including the addition of lipoidal enzymes, is generally not stable and readily decomposes, thereby limiting the effective life of the product.
U.S. Pat. No. 5,356,881 describes wildlife repellent products derived from plant species to protect plants and other targets against damage from a variety of animal species. However, this prior art reference does not disclose a product that protects plants from ruminants.
SUMMARY OF THE INVENTION
The present invention describes the use and manufacture of animal controllant formulations made from the clean waste and shells of crustaceans and other shellfish, such as crabs, lobsters, mussels, shrimp, clams, oysters, and the like, and methods of application of these controllant formulations to forest, ornamental, and other plants to protect them from damage by animals including ruminants such as deer and elk. The formulation may also be placed at excavation sites to discourage the presence of burrowing animals or as an attractant which allows the safe and humane trapping of nuisance animals. Accordingly, by the term “controllant” applicants mean that the shellfish waste and shell formulations described herein can be utilized as both animal repellents and as animal attractants, depending on the animals desired to be controlled.
The inventive formulations and methods utilize waste products from the shellfish industry, specifically those waste products from the processing of crustaceans for human food. The shellfish waste products typically are used for the purpose of applying them to plants needing protection from feeding injuries caused by wildlife and domestic animals. The inventive shellfish waste formulations and methods include different product formulating techniques and different application techniques. Some of these approaches include: application of shellfish waste to the root zones of plants to repel animals; application of the repellent shellfish waste or waste extractions formulated within a liquid carrier or paint substrate to be sprayed on foliage in wet or dry weather; application of shellfish waste to food crops for repelling animals; use of shellfish waste to protect plants against certain rodents such as mountain beavers and pocket gophers; use of shellfish waste as bird repellents; use of the shellfish waste on plastic tape which may be secured to foliage limbs; use of shellfish waste formed with a waterproof adhesive for use as fishing lures; and use of shellfish waste as an attractant for control of damage activities of certain mammalian insectivores. The inventive formulation may also be used as a plant nutrient.
Accordingly, it is an object of the present invention to provide a reliable non-toxic natural occurring controllant material which can be applied to a variety of plant species to protect them from feeding injuries by a variety of animals, including deer, elk, hare, rabbits, certain burrowing rodents such as pocket gophers, mountain beavers, and voles, and carnivores such as coyotes, wolves and dogs.
A further object of the invention is to provide a long lasting, aesthetically acceptable, and easily applied, non-phytotoxic controllant which can be applied during dry or wet weather conditions.
Another object of the present invention is to use non-phytotoxic tree marking paint, or the adhesive components of tree marking paint, to enable application of the controllant to plant foliage and adhesion of the controllant during rain or irrigation.
Still another object of the present invention is to utilize or increase utilization of a waste by-product of the seafood industry as an easily formulated and relatively inexpensive controllant material.
Yet another object of the present invention is to use granular clay, such as bentonite clay, to adsorb and absorb liquids from previously frozen shellfish waste material, to bind and stabilize the waste materials while they are being processed and dried.
Still a further object of the present invention is to provide a shellfish waste formulation that has limited proteolytic activity, if any, while the formulation is being processed and dried.
Another object of the present invention is to use granular clay as an inert extender for a shellfish waste formulation.
Yet another object of the present invention is to use a shellfish waste controllant on tape flags to attach to plants, as a signal to animals such as deer and elk that the plants are unpalatable.
A further object of the present invention is to utilize or recycle used computer tape as a relatively inexpensive carrier for a controllant material.
Another object of the present i

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