Appeal No. 96-2324
Application No. 08/071,963
The issue presented for review is whether the examiner
erred in rejecting claims 39 through 42 under 35 U.S.C. § 103
as unpatentable over the combined disclosures of Duyfjes,
Misato, Japanese Kokai No. 53-096319, Japanese Kokai No. 60-
153785, Rehberg, The Merck Index, and Van Nostrand.
OPINION
We shall not sustain this rejection.
We agree with the examiner that it would have been
obvious to arrive at a fungicide composition, which is a dry
blend formulation, comprising ingredients (1), (3), and (4) in
the proportions recited in claim 39. For the reasons set
forth by the examiner, and amply documented by the cited prior
art, a fungicide composition which is a dry blend formulation
comprising (1) an alkali metal bicarbonate, (3) a triphenyltin
fungicide, and (4) a surfactant in the proportions recited in
claim 39 would have been obvious within the meaning of
35 U.S.C. § 103. Adding to that composition a compound or
compounds which provide nitrogen, phosphorus, and potassium in
a ratio functional as a fertilizer formulation also would have
been obvious for the reasons expressed by the examiner.
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