Appeal No. 1997-1281
Application No. 08/317,830
that Taruzaki describes in its examples forming a solid or pasty
emulsion composition comprising a mixture of an agricultural
chemical, such as a pesticide or a fungicide, an emulsifier
(surfactant), such as polyoxyalkylene, aryl ether,
polyoxyalkylene alkyl ether or alkyl benzene sulfonate, and
saccharide powder (gelling agent) via a portable kneader. See
also Taruzaki, pages 12-14, together with Taruzaki, pages 7 and
8.
Appellants do not argue that Taruzaki does not teach or
suggest the claimed agrochemical material and surfactant. See
Brief, pages 12-13. Rather, appellants argue that Taruzaki does
not teach or suggest the claimed gelling agent. See Brief, page
12 and Reply Brief, page 3. However, we are not persuaded by
this argument.
We find that Taruzaki teaches that “saccharides act as a
protective colloid in addition to their effect as a thickener or
a binder . . . . ” See pages 7 and 8. Thus, we determine that
the saccharide powder described in Taruzaki is a gelling agent.
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