Ex parte CHAMBERLAIN et al. - Page 5




              Appeal No. 1999-1669                                                                                           
              Application No. 08/816,756                                                                                     
              prior to planting.  Claims 1 through 17 stand rejected under 35 U.S.C. § 103 as                                
              unpatentable over Ott and Onoprienko.                                                                          
                      Ott describes field tests wherein “a liquid solution consisting essentially of an ionic                
              solution of a zinc alkanoate in substantially anhydrous liquid ammonia [is] used as a liquid                   
              fertilizer to provide nutrient amounts of nitrogen and zinc for [] growing plants.”  Column 1,                 
              lines 44-47.  “The term ‘substantially anhydrous liquid ammonia’ means liquid ammonia                          
              containing up to about 2 wt. % water.”  Column 2, lines 4-6.  According to Ott, “the nitrogen-                 
              zinc solutions used in the fertilizing method . . . [are] obtained by simply dissolving [] zinc                
              carboxylate, in amounts sufficient to provide the desired amount of zinc, directly in the                      
              liquid ammonia; or by first forming an aqueous ammoniacal solution of the zinc carboxylate                     
              and adding this solution to the liquid ammonia.”  Column 1, line 65 to column 2, line 3.  The                  
              anhydrous nitrogen-zinc solutions are applied to zinc-sufficient soils before planting, and                    
              as a side dressing for corn plants in zinc-deficient soils.  Example I. There is nothing in the                
              reference to indicate that an aqueous ammoniacal solution of zinc carboxylate could or                         
              should be used without diluting it in anhydrous ammonia, nor is there any indication that the                  
              anhydrous solution could or should be applied directly to seeds.                                               
                      According to the examiner, the English abstract of Onoprienko “teaches a seed drill                    
              [] consisting of a housing, suspension system and seed and fertilizer tubes, designed to                       
              treat seeds with protective and growth-stimulating substances during the sowing operation                      
              by incorporating a foam-generating mixer and a seed treating chamber in the form of two                        


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