Appeal No. 94-4145
Application No. 07/882,252
the procedural safeguards associated with 37 CFR § 1.196(b).
Our reasons for these determinations follow.
As evidence of obviousness of the claimed subject matter.
under 35 U.S.C. § 103, the examiner relies on the combined
teachings of Yukikazu and Chan. The Yukikazu reference
describes insecticidal wettable powders containing 10% to 80%
of an insecticide of liquid state at room temperature, about
3.33 % to about 27% of a calcined synthetic hydrated silicon
dioxide and a surface active agent, such as lignosulfonates.
See page 1, lines 1-6, page 3, lines 1-26 and page 4, lines
4-8. In example 10 at page 8 of Yukikazu, wettable powders
having 55 parts of malathion (insecticide), 40 parts of
calcined white carbon (calcined synthetic hydrated silicon
dioxide) and 5 parts of surface active agents (sulfonates) are
specifically formed. Optionally, a diluent can be added
together with calcium carbonate or grape sugar during the
formation of the wettable powders. See the paragraph bridging
pages 3 and 4. Appellants also do not dispute that the
Yukikazu reference at page 4, lines 16-20, suggests adding an
additional insecticide which has a melting point as high as
80<C. Compare page 4 of the Answer with the Brief and the
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