Appeal No. 1997-1281
Application No. 08/317,830
particle size less than 100 microns or liquid and is soluble in
the liquid mixture of hazardous material and surfactant above
50 C and contains less than 3% by weight of water. See columno
14, claim 1. The hazardous material is an agrochemical. See
column 14, claim 4. Hodak ‘226 recites that the agrochemical
includes a pesticide or a plant protecting agent. See column 11,
claim 2.
Given that the water dispersible or water soluble organic
gel recited in Hodak ‘152 is not only inclusive, but also
suggestive, of the subject matter on appeal, we conclude that the
subject matter on appeal would have been obvious over the claims
of Hodak ‘152, Hodak ‘226 and Edwards ‘242. Thus, we affirm the
examiner’s rejection of claims 1, 2, 20, 28 through 35, 38
through 39, 41, 42, 47, 50 through 53, 56, 57, 59, 60 and 65
through 74 under the judicially created doctrine of obviousness-
type double patenting as unpatentable over the claims of Hodak
‘226, Hodak ‘152 and Edwards ‘242.
35 U.S.C. § 103 BASED ON TARUZAKI
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