Appeal No. 96-2311
Application 08/139,057
example, fungicides to that formulation to broaden the
spectrum of its activity (Wellinga, col. 11, line 28 thru col.
12, line 11). We believe that it would have been obvious to a
person having ordinary skill in the art to modify Wellinga's
aqueous pesticide formulation, per the teachings of Misato, by
adding sodium bicarbonate in amounts meeting the terms of
appellants' claims. Misato discloses that sodium bicarbonate,
in combination with an appropriate emulsi-fier, is a safe,
non-polluting agricultural and horticultural fungicide. The
combined disclosures of Wellinga and Misato overcome the
examiner's first hurdle and would have led to an aqueous
pesticide formulation comprising (1) sodium bicarbonate, (3)
diflubenzuron, and (4) a surfactant in relative amounts
meeting the terms of appellants' claims.
In overcoming the second hurdle, the examiner must
establish that it would have been obvious to add (2)
dihydroxybenzene not
only to an aqueous pesticide formulation comprising (3)
difluben-zuron and (4) a surfactant in appropriate amounts but
rather to an aqueous pesticide formulation comprising (1)
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