Appeal No. 95-2233
Application 07/978,014
examiner should consider whether the property disclosed by
Narayanan, namely, “bonding of the agrichemical to the polymer”,
would have suggested using Narayanan’s polymers as the binder in
WDG systems.
We further recommend that the examiner review the trade
literature (printed publications) enclosed with Paper No. 3 filed
November 4, 1993. The examiner should first ascertain whether
those publications constitute legally available prior art. In
this regard, each publication is marked “The ISP Group 1992" on
the back. International Specialty Products (ISP) is the real
party in interest of the present application, which has a filing
date of November 18, 1992.4
If the examiner ascertains that the above-described
publications constitute legally available prior art, the examiner
should carefully review the description of properties in those
publications to determine whether it would have been obvious, at
4 The publication “Agrimer™ VA Polymers For Agricultural Formulations”,
first paragraph of text, states that the Agrimer™ VA products were previously
used as adjuvants and inert ingredients outside the U.S. That previous use
suggests the existence of another, earlier publication. The examiner should
inquire from applicants whether this is so.
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