Appeal No. 2000-1568
Application 08/695,249
applied to the plant foliage as a dry formulation [emphasis added].
Thus, it appears that Shasha ‘697 teaches a dry biocontrol formulation which
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comprises a biocontrol agent, a water absorbent material (pregelatinized starch), and a
membrane stabilization agent (sucrose, etc.).
We further direct attention to the teachings of Shasha ‘377 with respect to the
encapsulation of a biocontrol agent by uniformly dispersing said agent in an aqueous
dispersion of the pre-gelatinized starch. Shasha ‘377, col. 4, lines 32-35. Shasha ‘377
further discloses that
The recovery procedure is aimed at converting the homogenous mass to
discrete, free-flowing, nonagglomerating particles. In accordance with one
method of recovery contemplated herein, the gelled starch-agent mixture is
placed on trays and allowed to stand for about 30 min at room temperature. The
resultant, nonsticky mass is then ground by suitable means into nonagglomerating
particles. Coating the mass with pearl cornstarch powder prior to grinding will
facilitate particulation [emphasis added].
Thus, Shasha ‘377 appears to disclose a granular, biocontrol formulation
comprising, a biocontrol agent, a water absorbent material and a granulating agent.
Upon return of the application, the examiner may wish to consider whether it would have
3We agree with the examiner that the claims are not limited to water absorbent
materials which are capable of absorbing several times their own weight in water, as
argued in the appellants’ brief (Brief, p. 12). Thus, the water absorbent material recited in
the claims appears to “read on” the water absorbing, pre-gelatinized starch disclosed by
Shasha ‘697 and Shasha ‘377.
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