Ex Parte GOUGE et al - Page 12




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


          and appellants do not dispute, that:4                                       
                    Edwards (page 1) discloses water soluble packaging                
               systems for harmful chemicals including pesticides and                 
               herbicides.  Edwards (paragraph bridging pages 5 and 6)                
               teaches the packages are preferably only partially full                
               comprising an air space of 2 to 40 %, preferably 4 to 10               
               %, of the volume of the package.  Edwards teaches partial              
               filling of the package reduces the risk of rupture and                 
               leakage due to shock and increased temperature.                        
          The bags described in Edwards are identical or substantially                
          identical to those described in Taruzaki.                                   
               Given the above factual circumstances, we agree with the               
          examiner that one of ordinary skill in the art would have been              
          led to partially  fill the water-soluble bag of the type5                                                           
          described in Taruzaki with its solid or pasty solid, either                 
          motivated by a desire to avoid the risk of rupturing or causing             
          leakage of the water soluble bag, or motivated by a desire to               
          provide the desired amount of an agrochemical material in the               
          water soluble bag.                                                          
               In reaching this conclusion, we have taken into account the            
          disclosure of Edwards ‘587, which teaches packaging “solid                  
          chemicals in water soluble containers but such containers are               













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