Ex parte WELLS et al. - Page 9




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


                                     R is haloalkyl;                                                                                                             
                                     R  is C  alkyl, haloalkyl or phenyl;1     1-4                                                                                                                
                                     R -R  are H or C1-4             alkyl;                                                                                             
                                        2   5              1-4                                                                                                   
                                     R  is a saturated or unsaturated C26                                          heterocyclic radical containing 1 or 2                                       
                                                                               5-10                                                                            
                                     oxygen, nitrogen or sulfur atoms, optionally substituted with a C  alkyl or                                                 
                                                                                                                        l-4                                      
                                     haloalkyl radical or halogen atom or with oxygen on a ring nitrogen atom; and                                               
                                     R  and R  may be combined to form a spiroheterocyclic ring as defined for the5       6                                                                                                                
                                     R  radical.                                                                                                                 
                                        6                                                                                                                        
                            Brinker, p. 2, line 57 - p. 3, line 22.                                                                                              
                   28.      According to Brinker, antidote compounds may be either applied to the seeds (pre-                                                    
                            emergent) or to the plants (post-emergent).  Thus, Brinker describes various methods                                                 
                            of using the antidote compounds as follows:                                                                                          
                                               Effective weed control coupled with low crop injury is a result                                                   
                                     of treatment  of  a  plant  locus  with  a  combination  of  herbicide                                                      
                                     compound and antidote compound.  By application to the “plant                                                               
                                     locus” is meant application to the plant growing medium, such as soil,                                                      
                                     as well as to the seeds, emerging seedlings, roots, stems, leaves, or                                                       
                                     other plant parts.                                                                                                          
                                               The phrase “combination of herbicide compound and antidote                                                        
                                     compound” embraces various methods of treatment.  For example, the                                                          
                                     soil of a plant locus may be treated with a “tank-mix” composition                                                          
                                     containing a mixture of the herbicide and the antidote which is “in                                                         
                                     combination”.  Or, the soil may be treated with the herbicide and                                                           
                                     antidote compounds separately so that the “combination” is made on,                                                         
                                     or in, the soil.  After such treatments of the soil with a mixture of                                                       
                                     herbicide and antidote or by separate or sequential application of the                                                      
                                     herbicide and antidote to the soil, the herbicide and antidote may be                                                       
                                     mixed into or incorporated into the soil either by mechanical mixing                                                        
                                     of the soil with implements or by “watering in” by rainfall or irrigation.                                                  
                                     The  soil  of a plant locus may also be treated with antidote by                                                            
                                     application of the antidote In a dispersible-concentrate form such as                                                       
                                     a granule.  The granule may be applied to a furrow which is prepared                                                        
                                     for receipt of the crop seed and the herbicide may be applied to the                                                        
                                     plant locus either before or after in-furrow placement of the antidote-                                                     
                                     containing  granule  so  that  the  herbicide  and  antidote  form a                                                        
                                     “combination”.  Crop seed may be treated or coated with the antidote                                                        

                                                                               9                                                                                 





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