Appeal No. 94-2881
Application 07/790,729
lines 7-52). The process encompasses (i) dissolving 10 to 40 parts insecticide in 100 parts of one or
more polymerizable styrene-type monomer to form a liquid mixture, (ii) dispersing the mixture as
droplets throughout an aqueous polymerization medium, and (iii) polymerizing the monomer by
emulsion polymerization (col. 2, lines 14-61; col. 5, lines 64-73). An emulsifying agent can be added
to the liquid mixture containing the polymerizable monomer. While there is no disclosure in Feinberg
of mixing chemicals which are physico-chemically, chemically or biologically incompatible, Feinberg’s
claims suggest that more than one insecticide can be dissolved in the polymerizable monomer.
The Dial Index Abstracts discloses the chemical and physical properties of five biocide
compounds, namely, chlorphyrifos-methyl, bifenox, prochlarz, nuarimol and fluroxypyr.
The Rejection
Claims 2, 3, 6, 7 and 9-11 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Meyers or Feinberg alone or in view of Dial Index Abstracts.
Opinion
We have carefully considered the respective positions advanced by appellants and the
examiner. For the reasons set forth below, we will not sustain the examiner's rejection.
The examiner has rejected all of the appealed claims over Meyers or Feinberg alone. The
claimed invention is directed to a process for mixing at least two incompatible agriculturally active
ingredients into a single composition. According to appellants, the problem in the art is that even
though it is desirable to formulate a mixture of certain active components such as pesticides,
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