Ex Parte GOUGE et al - Page 2




          Appeal No. 1997-1281                                                        
          Application No. 08/317,830                                                  


                              APPEALED SUBJECT MATTER                                 
               Claim 1 is representative of the subject matter on appeal              
          and reads as follows:                                                       
                    1.  A water dispersible or water soluble organic gel              
               which is a continuous system comprising:                               
               an agrochemical selected from a plant protection agent,                
               plant growth regulators, plant nutrients, fungicides,                  
               herbicides, insecticides and nematicides,                              
               1 to 50% of a water soluble or water dispersible                       
               surfacant which contains a nonionic surfacant and optionally           
               an anionic surfacant, and which is able to form above 70 C,o              
               a liquid phase with the agrochemical,                                  
               0.1 to 50% of a gelling agent which is, at 23 C, eithero                     
               a solid having a particle size less than 100 microns or a              
               liquid and which is soluble in the liquid mixture of                   
               agrochemical and surfacant above 70 C, and less than 3% byo                                   
               weight of water.                                                       
                                                                                     
          The specification defines the claimed continuous system, gel, and           
          gelling agent as follows (pages 7, 8, and 9):                               
                    By the wording continuous system, it is meant a                   
               material which is visually homogeneous, that is to say which           
               has the visual appearance to have only one physical phase;             
               this does not exclude the possibility to have small solid              
               particles dispersed therein, provided these particles are              
               small enough not to constitute a visible separate physical             
               phase.                                                                 














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