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”. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007