Appeal No. 95-1189
Application No. 07/800,471
3
sulfonylureas. Additionally, Brinker expressly teaches that not every combination of
disclosed herbicide and antidote will result in safening. Brinker, p. 452, line 64 - 453, line 4.
Thus, the combined teachings of the references fail to provide a reasonable expectation that
Brinker’s antidote compounds would act as safeners for the herbicide compounds set out in
applicants’ claims.4
3 Brinker states:
Important herbicidal sulfonylureas specifically contemplated as useful in
compositions with the antidotal compounds of this invention include these
disclosed in the following patents: U.S. Patent Numbers . . . and EP Numbers . . .
142152, . . . .
We note that EP 142152 claims the Kleschick grand-parent application as its priority document.
4 We note that Brinker refers throughout the patent refers to a large number of patent publications as
teaching various herbicide compounds that may be effectively used in conjunction with the disclosed antidotes. These
patents are not of record in the application file and have not been considered by this panel.
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