Ex parte KONZAK et al. - Page 2




          Appeal No. 1996-0212                                                        
          Application No. 08/261,759                                                  


               This is an appeal pursuant to 35 U.S.C. § 134 from the                 
          final rejection of claims 1-29 and 31-41.                                   


               Representative claims 31, 6, 1, and 21 are reproduced                  
          below:                                                                      
               31. A liquid aqueous foliar fertilizer for plant                       
          nutrition, produced by the following process:                               
               mixing at least one water miscible polyhydroxy alcohol                 
          with at least one phosphoric acid;                                          
               heating the mixture from the previous step to                          
          temperatures in excess of 150°C to remove water in the                      
          presence of reaction promoters therefrom and cause                          
          esterification;                                                             
               esterifying phosphorus contained in said mixture to                    
          produce an esterified reaction product containing phosphate                 
          esters; and                                                                 
               adjusting the reaction product to a pH level suitable for              
          application to foliage of plants being fertilized.                          
               6.   A liquid aqueous foliar fertilizer for plant                      
          nutrition, comprising:                                                      
               at least one liquid phosphate ester; and                               
               at least one hygroscopic agent in sufficient quantity to               
          extract moisture from the atmosphere to help maintain applied               
          foliar fertilizer in liquid form on the foliage for from 1 to               
          7 days;                                                                     
               said at least one phosphate ester being selected from the              
          group consisting essentially of an alcohol phosphate ester, a               

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