Ex parte WELLS et al. - Page 2




               Appeal No. 95-1189                                                                                                      
               Application No. 07/800,471                                                                                              


               Brinker et al.  (Brinker)               European Application 0,304,409              February 22, 1989                   
               Kleschick et al. (Kleschick)            U.S. Patent 4,818,273                       April 4, 1989                       
                       We reverse the examiner’s rejection.                                                                            

               A.      Findings of fact                                                                                                

                                                            The Invention                                                              
               1.      According to the specification (page 3), the invention:                                                         
                               relates to herbicidal compositions comprising azolopyrimidine sulfonamides                              
                               and antidotal  compounds  therefor  to  reduce  injury  to  various  crops,                             
                               particularly corn, from the phytotoxic effects of said herbicide when used                              
                               alone or in combination with other compounds, ....                                                      
               2.      The  antidotal  compounds  are  said  to  be  referred  to  as “safeners,”  “antagonists,” or                   
                       “antidotes.”  Specification, p. 1.                                                                              
               3.      Stated more generally, the invention relates to herbicidal compositions which include a                         
                       phytotoxic herbicide compound  and a compound which acts as an antidote for the herbicide.                      
               4.      The two independent claims are 82 and 84, directed to composition and a method of using                         
                       the composition respectively.  Appendix to applicant’s supplemental brief, pp. 3 - 4 and 5 -                    
                       7.                                                                                                              
               5.      Independent claim 82 provides:                                                                                  
                               82.     Composition comprising                                                                          
                                       (a)     a herbicidally-effective amount which is damaging to                                    
                                               crops of  a  compound  according  to  Formula  I  or                                    
                                               agriculturally acceptable salts thereof:                                                






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