Appeal No. 96-2311
Application 08/139,057
Abstracts 92:35946q.
On consideration of the record, including appellants'
main brief and Reply Brief and the Examiner's Answer, we shall
not sustain these rejections.
35 U.S.C. § 112, second paragraph
The appealed claims stand rejected under 35 U.S.C. § 112,
second paragraph, as indefinite in view of the recitation (1)
between about 10-80 weight percent of a fungicidal ingredient
selected from the group consisting of alkali metal and
ammonium bicarbonates, based on the weight of ingredients; and
(2) between about 0.5-20 weight percent of a water-soluble
polyhydroxy compatibility enhancing ingredient which is in
solid form at a temperature below about 10°C, based on the
weight of ingredients. The expression "based on the weight of
ingredients" refers to the relative weight of an individual
ingredient (alkali metal or ammonium bicarbonate or a water-
soluble polyhydroxy compatibility enhancing ingredient) as a
percentage of the total weight of ingredients. According to
the examiner, however, it is unclear whether the weight of the
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