Ex parte OGAWA et al. - Page 2




                 Appeal No. 94-4145                                                                                                                     
                 Application No. 07/882,252                                                                                                             


                          1.  A water dispersible granule which is obtained by                                                                          
                 granulating a mixture comprising a pesticide having a melting                                                                          
                 point of not more than 70<C, a calcined product of                                                                                     
                 precipitated hydrated silicon dioxide and a surface active                                                                             
                 agent by the wet extrusion-granulation method or compaction                                                                            
                 method.                                                                                                                                
                                                                                                                                                       
                          4.  The water dispersible granule of claim 1, which                                                                           
                 further comprises a pesticide having a melting point of more                                                                           
                 than 70<C.                                                                                                                             
                          The references of record relied upon by the examiner are:                                                                     
                 Chan                                                  4,753,957                                    Jun. 08,                            
                 1988                                                                                                                                   
                 European Patent Application having a publication number 0 106                                                                          
                 164, Yukikazu et al., April 25, 1984 (hereinafter referred to                                                                          
                 as “Yukikazu”)2                                                                                                                        
                          Claims 1 through 5 stand rejected under 35 U.S.C. § 103                                                                       
                 as unpatentable over the combined teachings of Yukikazu and                                                                            
                 Chan.                                                                                                                                  
                          We affirm.  However, because our reasoning is materially                                                                      
                 different from that expressed by the examiner and because our                                                                          
                 reasoning relies on appellants’ admission at page 1 of the                                                                             
                 specification for the first time, we will denominate our                                                                               
                 affirmance as a new ground of rejection to afford appellants                                                                           



                          2The examiner refers to this reference as “Sumitomo”.                                                                         
                                                                           2                                                                            





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