Appeal No. 96-2324
Application No. 08/071,963
other claim remaining in the application, stands withdrawn
from further consideration by the examiner as directed to a
non-elected invention.
Claim 39, which is illustrative of the subject matter on
appeal, reads as follows:
39. A fungicide composition which is a dry blend
formulation comprising (1) between about 10-80 weight percent
of an ingredient selected from the group consisting of alkali
metal and ammonium bicarbonates, (2) between about 0.5-20
weight percent of a compatibility enhancing ingredient
selected from the group consisting of water-soluble
polyhydroxy compounds which are in solid form at a temperature
below about 10EC, (3) between about 0.01-10 weight percent of
a fungicide ingredient, and (4) between about 1-20 weight
percent of a surfactant ingredient, based on the weight of
water-insoluble ingredients; wherein the composition contains
nitrogen, phosphorus and potassium elements in a ratio which
is functional as a fertilizer formulation.
The references relied on by the examiner are:
Duyfjes et al. (Duyfjes) 3,140,977 July 14, 1964
Misato et al. (Misato) 4,599,233 July 8, 1986
Rehberg et al. (Rehberg) 5,174,804 Dec. 29, 1992
Joo et al. (Joo) 53-096319 Aug. 23, 1978
(Japanese Kokai publication)
Oosumi 60-153785 Aug. 13, 1985
(Japanese Kokai publication)
Van Nostrand Reinhold, Encyclopedia of Chemistry 85 (4th ed.,
Van Nostrand Reinhold Co. 1984)
The Merck Index 818-19 (Martha Windholz ed., 10th ed., Merck &
Co., Inc. 1983)
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