Appeal No. 1998-2047
Application No. 08/400,559
New Ground of Rejection
Under the provisions of 37 CFR § 1.196(b), we make the following new
ground of rejection: Claims 26, 29, 30, and 33 are rejected under 35 U.S.C. §
103 as being obvious over Schaub in view of Gisi and Coley-Smith.
Claim 26 is directed to a method of preventing fungal infection of allium
plants by S. cepivorum by treating allium (e.g., onion) seeds with the fungicide
cyproconazole at a rate of 0.5 g to 8.0 g cyproconazole per kilogram of seed.
Claim 29 specifies that the allium seeds are onion seeds. Claim 30 adds a
requirement that the cyproconazole is applied in combination with an
agriculturally acceptable diluent. Claim 33 is directed to the seed produced by
the method of claim 26.
Schaub teaches cyproconazole (col. 8, lines 1-50), which is disclosed to
be useful as a fungicide for combatting phytopathogenic fungi (col. 5, lines 30-
35). Schaub teaches that cyproconazole is useful against a variety of fungal
agents (col. 5, lines 35-60) and on a variety of crop plants (col. 6, lines 22-30).
Schaub also teaches that cyproconazole can be applied as a seed dressing (col.
5, lines 64-68) in an amount of, e.g., 0.5 g cyproconazole per kilogram of seeds
(col. 6, lines 15-20). Finally, Schaub teaches that a seed dressing formulation of
cyproconazole may include diluents such as spindle oil and talcum (col. 7, lines
55-65). Schaub does not teach application of cyproconazole to onion or other
allium seeds.
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