Ex parte LAJOIE et al. - Page 2




          Appeal No. 96-2311                                                          
          Application 08/139,057                                                      




               Claims 42 and 52, which are illustrative of the subject                
          matter on appeal, read as follows:                                          
               42.  An aqueous pesticide formulation having a                         
               content comprising (1) between about 10-80 weight                      
               percent of a fungicidal ingredient selected from the                   
               group consist-ing of alkali metal and ammonium                         
               bicarbonates, based on the weight of ingredients;                      
               (2) between about 0.5-20 weight percent of a water-                    
               soluble polyhydroxy compati-bility enhancing                           
               ingredient which is in solid form at a temperature                     
               below about 10°C, based on the weight of                               
               ingredients; (3) between about 0.01-10 weight                          
               percent of an insecticidal ingredient, based on the                    
               formulation weight; and (4) between about 1-20                         
               weight percent of a surfactant ingredient, based on                    
               the weight of water-soluble [sic] ingredients.                         
               52.  A method of controlling fungal disease and                        
               insect damage in agricultural and horticultural                        
               applications which comprises applying to cultivated                    
               crops an aqueous pesticide formulation having a                        
               content comprising (1) between about 10-80 weight                      
               percent of a fungicidal ingredient selected from the                   
               group consisting of alkali metal and ammonium                          
               bicarbonates, based on the weight of ingredients;                      
               (2) between about 0.5-20 weight percent of a water-                    
               soluble polyhydroxy compatibility enhancing                            
               ingredient which is in solid form at a temperature                     
               below about 10°C, based on the weight of                               
               ingredients; (3) between about 0.01-10 weight                          
               percent of an insect-icidal ingredient, based on the                   
               formulation weight; and (4) between about 1-20                         
               weight percent of a surfactant ingredient, based on                    
               the weight of water-insoluble ingredients.                             
               The references relied on by the examiner are:                          

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