Appeal No. 94-2881
Application 07/790,729
Dial Index Abstracts “Agrochemical”: Chlorphyrifos-methyl; Bifenox; Prochlarz; Nuarimol;
Fluroxypyr (Dial Index Abstracts).
Meyers discloses a storage stable, water emulsifiable, substantially non-aqueous liquid
concentrate adapted to on-site preparation of an aqueous emulsion of an agricultural chemical. The
concentrate consists essentially of a solution of (i) a hydrophobic (i.e. water insoluble) agricultural
chemical having biocidal activity, (ii) 10-30 wt. % of a solid hydrophobic polymer (e.g. polystyrene),
in an effective amount to achieve sustained release of the hydrophobic agricultural chemical, (iii) a
water immiscible organic solvent, and (iv) 0.5 to 2.0 wt. % of an emulsifying agent in an amount
effective to form a stable oil-in-water emulsion when the concentrate is mixed with water (abstract;
col. 1, lines 8-15; col. 2, line 51 to col. 3, line 13). One or more of the hydrophobic agricultural
chemicals can be employed in the composition, (col. 3, lines 55-68). One of the preferred chemicals
is chloropyrifos (col. 4, lines 1 and 2). While there is no disclosure in Meyers of mixing chemicals
which are physico-chemically, chemically or biologically incompatible, Meyers’ claims suggest that
a mixture of agricultural chemicals can be utilized with the solid hydrophobic polymer. The
concentrate is prepared by (i) forming a liquid solution of the agricultural biocide having dissolved
therein the solid hydrophobic polymer and emulsifying agent and (ii) then mixing the liquid solution
with a water immiscible organic solvent. The concentrate is mixed with water at the point of
application and forms a stable emulsion for at least 30 minutes (col. 5, lines 11-20).
Feinberg teaches a process for preparing a stable latex styrene-type polymer containing a
hydrophobic insecticide (e.g. allethrin or malathion) (col. 1, lines 21-26; col. 4, lines 22-69; col. 5.
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