Appeal No. 97/1235
Application No. 08/316,717
Claims 151 and 152 stand rejected under 35 U.S.C. § 103
as unpatentable over Phillips in view of the secondary
references to Wingardh, McClinton, White or Sondel and further
in view of Cuille. According to the examiner, Cuille
discloses adding viscosity thickeners to a pesticide.
Consequently, the examiner has determined that to employ such
alternative pesticide in the general prior art combination
package would have been obvious to one of ordinary skill in
the art.
OPINION
We have carefully reviewed the rejections on appeal in
light of the arguments of the appellants and the examiner. As
a result of this review we have determined that the applied
prior art does not established a prima facie case of
obviousness with respect to the claims on appeal.
Accordingly, the rejections on appeal are reversed. Our
reasons follow.
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