Ex parte WELLS et al. - Page 11




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


                   30.      Antidote A is indicated to be a preferred species of antidotal compound.  Brinker, p.                                                
                            3, lines 63-65 and p. 5, lines 40-49.                                                                                                
                   31.      Brinker also specifically describes Antidote A in Table 1 (example 3) and a method                                                   
                            of producing the compound.  Brinker, p. 12 (example 3)  and p. 6, lines 20-55.                                                       
                   32.      The antidote A compound is referred to by Brinker as antidote 3.  Brinker, p. 12,                                                    
                            Table 1 (example 3).                                                                                                                 
                   33.      Brinker further teaches:                                                                                                             
                                     As will be appreciated by those skilled in the art, the practice of this                                                    
                                     invention  comprises  the  use  of  the  novel  antidotal  compounds                                                        
                                     disclosed and claimed herein with any herbicidally-active compound.                                                         
                                     Obviously, the above listings of exemplary [herbicidal] compounds is                                                        
                                     [sic, are] not intended to be exhaustive, but representative.  Again as                                                     
                                     noted earlier herein, it is expected that not every combination of                                                          
                                     herbicide and antidote will result in safening of all crops, but is within                                                  
                                     the skill of the art to test any given herbicide with an invention                                                          
                                     antidote in plant screens of any spectrum of plants and note the                                                            
                                     results.                                                                                                                    
                            Brinker, p., 452, line 64 - p. 453, line 4.                                                                                          
                                 The difference between the claimed subject matter and the prior art                                                             
                   34.      The Brinker reference is the closest prior art.                                                                                      
                   35.      The teachings of the Brinker reference differ from the claimed subject matter in the                                                 
                            specific herbicides to be used in conjunction with the disclosed antidotal compounds.                                                
                   36.      Brinker does not teach using antidotes with                                                                                          
                                       a            herbicidally-effective amount which is damaging to crops of a                                                
                                     com                                                                       pound according                                   
                                     t   o                                                                     Formula I or                                      
                                     agri                            X                                         c u l t u r a l l y                               
                                     a c c                                                                     eptable         salts                             
                                     ther                                 N    A                               eof                                               
                                                                                        SO2NHR                                                                  
                                                                               N                                                                                 
                                                           Z         N                                                                                           

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