Ex parte DUKE - Page 12




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


          amount is disclosed for use with flame delinted cottonseed (col.            
          3, lines 14-17).  The cottonseed used by Hinkes, however, does              
          not appear to be limited to that which has been flame delinted.             
          Hinkes broadly teaches 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” (col. 1, lines 50-53).  Hinkes points out that “[i]t           
          was found that the surface of cotton seed, even after flame                 
          delinting, was covered with short fibers” (col. 1, lines 53-55),            
          but then broadly teaches that “[t]hus, 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” (col. 1, lines                 
          55-58).  In our view, this teaching would have fairly suggested,            
          to one of ordinary skill in the art, that suitable cottonseed               
          includes both that which has and has not been flame delinted, and           
          would have indicated to such a person that the amount of coating            
          needed is that which would cover the fibers and adhere them to              
          the seed.  The required amount of coating, whether the amount               
          is within the range disclosed by Hinkes for flame delinted                  
          cottonseed or is above this range for cottonseed which has not              
          been flame delinted, would have been determinable by one of                 

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