Ex parte WELLS et al. - Page 6




                   Appeal No. 95-1189                                                                                                                            
                   Application No. 07/800,471                                                                                                                    


                           The scope and content of the prior art and the level of ordinary skill in the art                                                     
                   The Kleschick patent                                                                                                                          
                   11.      The Kleschick patent issued from application 06/940,480.  Kleschick, page 1, item                                                    
                            [21].                                                                                                                                
                   12.      Application 06/940,480 is said to be a continuation-in-part of application 06/768,793.                                               
                            Kleschick, col. 1, lines 9-11. (This application will be referred to as the Kleschick                                                
                            parent application.)                                                                                                                 
                   13.      The Kleschick parent application is said to be continuation-in-part of application                                                   
                            06/551,758.  Kleschick, col. 1, lines 11-12.   (This application will be referred to as                                              
                            the Kleschick grand-parent application.)                                                                                             
                   14.      Kleschick  relates  generally  to “substituted  1,2,4,-triazolo[1,5-a]pyrimidine-2-                                                  
                            sulfonamides,  compositions  containing  them,  and  their  utility  as  herbicides.                                                 
                            Kleschick, col. 1, lines 1-5 (Title).                                                                                                
                   15.      The patent describes the use of the herbicides compounds as follows:                                                                 
                                     Treatment of the locus of undesired vegetation or weeds with the                                                            
                                     novel compounds  or  with  compositions  containing  herbicidally                                                           
                                     effective amounts of the novel compounds in admixture with one or                                                           
                                     more inert carriers can be used to obtain broad spectrum or selective                                                       
                                     weed control depending upon the specific compound and the amount                                                            
                                     applied. Broadleaf weeds are particularly susceptible to the                                                                
                                     compounds and control of undesirable vegetation in crops such as                                                            
                                     wheat, rice, corn, soybeans, and cotton can be achieved. Aquatic                                                            
                                     vegetation is  controlled by the compounds.                                                                                 
                            Kleschick, col. 3, lines 12-22.                                                                                                      
                   16.      Kleschick describes herbicide compounds having the following structure:                                                              






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