Ex parte ROCHLING et al. - Page 8




              Appeal No. 1998-1247                                                                                      
              Application No. 08/445,165                                                                                
                      The Examiner’s position is the stabilization of the known combination of                          
               fluoroglycofen-ethyl and isoproturon would have been obvious.  The Examiner’s position                   
               is reproduced below:                                                                                     
                             EP 388,867 [sic, Schlicht] teaches that isoproturon may be                                 
                      formulated into water dispersible granules.                                                       
                             The Ag. Handbook teaches fluoroglycofen-ethyl and isoproturon are                          
                      known to exist in combination.                                                                    
                             It would appear to have been obvious to one of ordinary skill in the                       
                      herbicidal art to stabilize the known water dispersible isoproturn granule                        
                      with an additional active ingredient which is known to be formulated with                         
                      isoproturon wherein a herbicidally effective granule would ensue.                                 
                      (Answer, pp. 4-5).                                                                                
                      The subject matter of claim 17 is directed to water-dispersible granules of                       
               suspoemulsions.  The suspoemulsion of claim 17 is an emulsified composition including                    
               an aqueous dispersion of a pesticidally active substance having a melting point more than                
                 o                                                                                                      
               65 C, a solution of a second active pesticidally active substance having a melting point                 
                        o                                                o                                          
               below 65 C and a solvent which has a boiling point above  170 C.  Isoproturon is an                      
               example of a high melting point substance.  Fluoroglycofen ethyl is an example of a low                  
               melting point substance.  (Specification, p. 3).                                                         
                      The Examiner cites The Agrochemicals Handbook as evidence that the                                
               combination of fluoroglycofen-ethyl and isoproturon is known to those skilled in the art.                
               The Examiner has not indicated that a suspoemulsion of fluoroglycofen-ethyl and                          
               isoproturon is known.  The Examiner has not indicated that the granulation of                            


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