Appeal No. 2000-1568
Application 08/695,249
been obvious to one of ordinary skill in the art to employ the granulating agent (pearl
cornstarch powder) described by Shasha ‘377 in the dry biocontrol formulation
described by Shasha ‘697 in order to produce particles of said biocontrol formulation.
Alternatively, the examiner might wish to consider whether it would have been
obvious to those of ordinary skill in the art to add the membrane stabilization agent
(sucrose) taught by Shasha ‘697 to the granular biocontrol formulation described by
Shasha ‘377.
In view of the foregoing, the decision of the examiner is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
JOAN ELLIS ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
ERIC GRIMES )
Administrative Patent Judge )
Curtis P. Ribando
USDA Ars Ott National Center for
Agricultural Utilization Research
1815 N. University Street
Peoria, IL 61604
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