Appeal No. 1999-0107
Application No. 08/700,427
664, 667-68 (CCPA 1975); and MPEP § 2173.05(h). Claim 3 merely
defines alternative forms the chemicals may take. The examiner
has not cogently explained, nor is it apparent, why this poses an
indefiniteness problem.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 112, second paragraph, rejection of claim 3.
With regard to the 35 U.S.C. § 102(e) rejection, Gouge ‘601
discloses two embodiments of a water-soluble or water-dispersible
package containing separate components of a final chemical
composition (e.g., a pesticide). As described in the reference,
FIG. 1 illustrates a package formed by
thermoforming or vacuum forming a sheet (1) of water
soluble material into a mould (2), a first component
(3) of a pesticidal composition being placed in the
recess formed and covered by a second sheet (4) of
water soluble material. A second component (5) of a
pesticidal composition is contained in a recess above
the second sheet (4) and a third sheet (6) of water
soluble material covers the second component of the
pesticidal composition. A heat seal (7) on the flange
of the package then provides the necessary seal.
FIG. 2 illustrates a package in which a first
component (8) and second component (9) of a pesticidal
composition are contained in a package which comprises
two loosely formed pouches and a third sheet (10) which
is optionally water soluble or water dispersible and is
heat sealed (11) to the perimeters of the two outside
sheets [column 7, lines 47 through 65].
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