Appeal No. 2000-1568
Application 08/695,249
II. § 103 rejection
The examiner has premised his conclusion of obviousness on the teachings of
Shasha ‘697, Shasha ‘377, Connick, Quimby, and Levy.
Shasha ‘697 discloses a method of making a sprayable, starch-based
formulation comprising (i) biocontrol agents such as bacteria, fungi, yeasts, viruses,
microsporidians, protozoa, and other pathogenic organisms, and pathogenic
components thereof, and (ii) a sugary material as a sticking agent. Shasha, col. 1, lines
59-64. The starch includes any pre-gelatinized starch which will form a gel when
rehydrated in an aqueous solution. Id., col. 2, lines 34-36. The preferred pre-
gelatinized starch is a commercial product known as “MIRA-SPERSEŽ” which mostly
contains amylopectin, but other sources of pre-gelatinized starch can include pearl corn
starch, potato starch, tapioca starch, flours containing these starches as well as mixtures
of these with waxy corn starch and high-amylose starch. Id., col. 2,
lines 40-47. The sugary materials in the formulations include sucrose, glucose, fructose,
mannose, "-methyl glucoside, and various corn syrups. Id., col. 2,
lines 48-51. Shasha ‘697 further discloses that in another embodiment of the invention,
the biocontrol agent, pre-gelatinized starch, and the sugar, can be admixed and applied
to plant foliage as a dry formulation. Id., col. 3, lines 51-54.
Shasha ‘377 discloses a method of encapsulating biocontrol agents such
bacteria, fungi, yeasts, viruses, microsporidians, protozoa, and pathogenic components
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