Ex parte DUKE - Page 8




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


          This reference discloses seeds coated with adjuvant-containing              
          gels (col. 3, lines 29-35).  One of the disclosed gel materials             
          is guar gum (col. 4, lines 66-67).                                          
               Appellant argues that Hinkes coats flame delinted cottonseed           
          and therefore is not concerned with making fuzzy cottonseed                 
          flowable (brief, page 11).  We are not persuaded by this argument           
          because Hinkes broadly teaches that applying the pretreatment               
          coating is preferred “where the seed surface is covered with                
          linters or short fibers, e.g., cotton seed” (col. 1, lines 50-              
          52).  Thus, the cottonseed used by Hinkes does not appear to be             
          limited to that which has been flame delinted.  Furthermore,                
          Hinkes teaches that the cottonseed, even after flame delinting,             
          is covered with short fibers (col. 1, lines 53-55).  Such                   
          partially delinted cottonseed falls within the scope of “fuzzy              
          cottonseed” as that term is used by appellant (specification,               
          page 11).  Since Hinkes’ precoating covers the fibers on the                
          seeds (col. 1, lines 55-58), it appears to make the seeds                   
          flowable.                                                                   
               Appellant argues that there is no teaching to combine Hinkes           
          and Redenbaugh (brief, page 18).  This argument is not convincing           
          because in view of the teaching by Hinkes that vegetable gums can           



                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007