Ex parte DUKE - Page 7




          Appeal No. 95-0678                                                          
          Application 07/938,960                                                      


          within the meaning of 35 U.S.C. § 101.  Accordingly, the                    
          rejection of claims 1-9 under 35 U.S.C. § 101 is reversed.                  


                           Rejection Under 35 U.S.C. § 103                            
               Hinkes discloses a seed coated with a polymeric, pesticide-            
          containing coating so that there is slow release of the pesticide           
          (col. 1, lines 35-42).  Hinkes teaches (col. 1, lines 50-58) that           
                    . . . where the seed surface is covered with                      
                    linters or short fibers, e.g., cotton seed,                       
                    which alter the surface area of the                               
                    polymeric-pesticide film, pretreatment is                         
                    recommended.  It was found that the surface                       
                    of cotton seed, even after flame delinting,                       
                    was covered with short fibers.  Thus, the                         
                    surface of linter covered seed is desirably                       
                    first precoated with a natural or synthetic                       
                    substance which will cover the fibers and                         
                    adhere the fibers to each other as well as to                     
                    the seed.                                                         
          Hinkes teaches that the weight of the pretreatment coating is               
          about 0.5 to 5 wt% of the coated seed (col. 3, lines 17-19), and            
          that the pretreatment coating material preferably is water                  
          soluble and can be, among others, vegetable gums (col. 3, lines             
          23 and 30-33).  The pretreatment coating is applied wet and then            
          is dried (col. 3, lines 24-26).                                             
               Hinkes does not disclose guar gum as the vegetable gum.  To            
          remedy this deficiency, the examiner relies upon Redenbaugh.                


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