Appeal No. 1997-1281
Application No. 08/317,830
normally full and no particular difficulties arise in their
production or in their use [emphasis added].” See pages 2 and 3.
We find that Edwards ‘587 does not foreclose one of ordinary
skill in the art from partially filling the water soluble bags
with the solid or pasty solid described in Taruzaki. One of
ordinary skill in the art would have been necessarily led to
partially fill the water soluble bags with the solid or pasty
solid described in Taruzaki based on the size of the bags and the
size of land or crop to be treated. Moreover, we determine that
the wet solid of the type described in Taruzaki, which is much
heavier than dry solid, is reasonably expected to be more
susceptible than dry solid, but less susceptible than liquid, in
increasing the risk of the rupture or leakage mentioned in
Edwards ‘587. To minimize the risk of such potential problems,
one of ordinary skill in the art would have been led to partially
fill the water soluble bags with the wet solid described in
Taruzaki, i.e., to at least less than 99% of capacity.
In view of the foregoing, we affirm the examiner’s § 103
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