Appeal No. 1998-1247
Application No. 08/445,165
fluoroglycofen-ethyl is known. The present record indicates the selection of the solvent
which does not evaporate during granulation is important in forming a suspoemulsion.
(Specification, p. 2). The Examiner has not specified the portions of the cited references
which recognize or suggest the use of solvents with this property. To the extent that
Schlicht teaches isoproturon may be formulated into water dispersible granules, Schlicht
does not describe the formation comprising a suspoemulsion of the combination of 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 as required by claim 17.
In the absence of sufficient factual evidence or scientific rationale on the part of
the Examiner to establish why and how a skilled artisan would have arrived at
Appellants’ claimed invention from the applied references’ teachings as discussed above,
we find that the Examiner has failed to meet the initial burden of establishing the prima
facie obviousness of the claimed subject matter. Accordingly, we are constrained to
reverse the Examiner*s rejection.
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