Appeal No. 94-2612
Application 07/759,478
reasons are set forth for the separate patentability of the
one group designated as claims 1-5, 10-16 and 19-20.
Therefore the claims stand or fall together. See In re
Nielson, 816 F.2d 1567, 1570, 2 USPQ2d 1525, 1526 (Fed. Cir.
1987); Ex parte Schier, 21 USPQ2d 1016, 1018 (Bd. Pat. App. &
Int. 1991); and 37 CFR § 1.192(c)(5)(1993). Claims 17 and 18
are illustrative of the subject matter on appeal and are
reproduced below:
17. A herbicidal agent which consists essentially
of
a) herbicides selected from the group consisting
of leaf-acting selective herbicides, and
b) surfactants selected from the group
consisting of the C -C -alkyl polyglycol ether sulfates and
10 18
their physiologically acceptable salts, with the exception of
aqueous preparations of herbicides selected from the group
consisting of fenoxaprop-P-ethyl, isoproturon and diclofop-
methyl, which contain sodium C -C -alkyl diglycol ether
12 14
sulfate in combination with a salt of tallow fatty amine
ethoxylate having 15 EO and C -C -perfluoroalkylphosphinic
6 12
acids/-phosphonic acids, and water dispersible granules which
contain fenoxaprop-ethyl or fenoxaprop-P-ethyl and sodium C -
12
C -alkyl diglycol ether sulfate, defoamers based on silicone,
14
dispersants based on cresol/formaldehyde condensation products
and aluminum silicate.
18. The herbicidal agent as claimed in claim 17,
wherein the leaf-acting selective herbicide is fenoxaprop-
3
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