Ex parte SMITH et al. - Page 2




               Appeal No. 94-2881                                                                                                   
               Application 07/790,729                                                                                               


                                                  The Claimed Subject Matter                                                        
                       The claims on appeal are directed to a water dilutable agricultural composition and process                  
               for producing the same.  The composition comprises a first dispersed aqueous phase comprising latex                  
               particles (e.g. polystyrene) and a first agriculturally active component (e.g. allethrin, chloropyrifos,             
               malathion, or tridiphane) and a continuous aqueous phase or second dispersed phase comprising a                      
               second active component which can be a pesticide or fertilizer, the second active component being                    
               physico-chemically, chemically or biologically incompatible with the first active component.  Claims                 
               9 and 11 are illustrative of the claimed subject matter:                                                             
                               9.  A process for producing an agricultural composition comprising at least a                        
                       first active pesticidal component, and at least one other active component which is a                        
                       second pesticidal component or a fertilizer, the other active component being physico-                       
                       chemically,  chemically  or  biologically  incompatible  with  the  first  pesticidal                        
                       component, which process comprises,                                                                          
                               forming  an  emulsion  comprising  the  first  pesticidal  component  and a                          
                       surfactant, and combining the emulsion with a latex and the second active component                          
                       so as to form a composition having a continuous aqueous phase, and at least a first                          
                       dispersed phase, the first dispersed phase containing particles derived from the latex,                      
                               wherein the said first pesticidal component is present in the composition                            
                       substantially wholly within the said first dispersed phase, and,                                             
                               wherein  the  said  at  least  one  other  active  ingredient  is  present  in  the                  
                       continuous aqueous phase or in a second dispersed phase.                                                     
                      11.   A water dilutable agricultural pesticidal composition in the form of an                                
                       aqueous latex dispersion, which dispersion is comprised of a dispersed phase which                           
                       is comprised of latex particles derived from said latex; a continuous aqueous phase                          
                       and at least one emulsifying surfactant which is an ethoxylated alcohol, an alkoxylated                      
                       alcohol, an  alkoxylated  alkyl  phenol,  an  [sic]  polyaryl  phenol,  a  half  ester                       
                       sulphosuccinate or a phosphated polyglycol ether and which is compatible with the                            
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