Appeal No. 1998-2047
Application No. 08/400,559
Claims 26, 29, 30, and 33 stand rejected under 35 U.S.C. § 103 over the
combined teachings of Chemical Abstracts 106:151483t, CABA Abstract
92:131260, Schaub, Clough, The Agrochemicals Handbook, Wilson, and Smith.
We reverse and enter a new ground of rejection under 37 CFR § 1.196(b).
Background
The specification states that allium plants include garlic, leeks, and onions.
Page 1. The specification also states that “[o]nion plants are known to be
particularly prone to infestation by Sclerotium cepivorum (onion white rot),” a
fungus that is difficult to treat and eradicate. Id. The specification discloses that
treatment of allium plants or seeds with known triazole fungicides is effective for
controlling S. cepivorum infestation. Page 2.
Discussion
Claims 26, 29, and 30 are directed to a method of controlling Sclerotium
cepivorum infestation by treating allium seeds with the triazole fungicide
cyproconazole at a rate of 0.5 g to 8.0 g cyproconazole per kilogram of seed.
Claim 33 is directed to allium seeds so treated with cyproconazole.
The examiner rejected all of the claims as obvious over a combination of
seven prior art references. According to the examiner, the references in
combination disclose that cyproconazole was known to be effective against
fungal diseases caused by Sclerotium, that coating seeds with fungicides was
1 The examiner relied on the abstract of Gisi (Chemical Abstracts 106:151483t). We rely on the
full text of the reference.
3
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