Ex parte ROCHLING et al. - Page 2




              Appeal No. 1998-1247                                                                                      
              Application No. 08/445,165                                                                                


                                                   BACKGROUND                                                           

                      The invention is directed to water dispersible granules of suspoemulsions.                        
               Suspoemulsions are aqueous dispersions of solids of sufficiently high melting point, such                
               as isoproturon, and in which the solution of a second active substance, such as                          
               fluoroglycofen ethyl, is emulsified.  The selection of a solvent which does not evaporate                
               during the granulation process is required for the invention.  (Specification, p. 2).  The               
               granules are useful for crop production.  Claim 17 which is representative of the claimed                
               invention is reproduced below:                                                                           
               17.    Water-dispersible granules of suspoemulsions consisting essentially of                            
                      10 to 90% by weight of one or more pesticidally active substance as the                           
                      main component, said active substance having a melting point of more than                         
                        o                                                                                               
                      65 C, which can be formulated in the form of an aqueous dispersion,                               
                      0.1 to 20% by weight of one or more liquid pesticidally active substance or                       
                                                                                     o                                  
                      a pesticidally active substance having a melting point below 65 C and/or                          
                      which is not sufficiently active in the solid state, in dissolved form,                           
                      0.2 to 20% by weight of a solvent or solvent mixture with a boiling point                         
                                o                                                                                       
                      above 170 C,                                                                                      
                      1 to 12% by weight of one or more wetting agents,                                                 
                      2 to 15% by weight of one or more dispersants,                                                    
                      0.2 to 5% by weight of one or more adhesives,                                                     
                      0.5 to 80% by weight of inert substance and                                                       
                      0.5 to 10% by weight of one or more emulsifiers.                                                  
                      As evidence of unpatentability, the Examiner relies on the following references:                  


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