Appeal No. 95-1189
Application No. 07/800,471
compound either while the crop seed is in-furrow just after seeding or,
more commonly, the crop seed may be treated or coated with antidote
prior to seeding into a furrow. The herbicide may be applied to the
soil plant locus before or after seeding and a “combination” is made
when both herbicide and antidote-coated seed are in the soil. Also
contemplated as a “combination” is a commercially-convenient
association or presentation of herbicide and antidote. For example,
the herbicide and antidote components in concentrated form may be
contained in separate containers, but such containers may be presented
for sale or sold together as a “combination”. Or, the herbicide and
antidote components in concentrated form may be in a mixture in a
single container as a “combination”. Either such “combination” may
be diluted or mixed with adjuvants suitable for soil applications.
Another example of a commercially presented combination is a
container or antidote-coated crop seed sold, or presented for sale,
along with a container or herbicide material. These containers may,
or may not, be physically attached to each other, but nonetheless
constitute a “combination of herbicide and antidote” when intended
for use ultimately in the same plant locus.
* * * * *
The amount of antidote employed in the methods and
compositions of the invention will vary depending upon the particular
herbicide with which the antidote is employed, the rate of application
of the herbicide, the particular crop to be protected, and the manner
of application to the plant locus. In each instance the amount of
antidote employed is a safening-effective amount, that is, the amount
which reduces, or protects against, crop injury that otherwise would
result from the presence of the herbicide. The amount of antidote
employed will be less than an amount that will substantially injure the
crop plant.
Brinker p. 20, lines 1-42.
29. Brinker indicates that the antidotes disclosed may be used in conjunction with a wide
variety of herbicide compounds. Brinker, p. 4, line 13 - p.5, line 37 and p. 451, line
65 - p.452, line 63.
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