Appeal No. 1996-0212
Application No. 08/261,759
Borisov et al. (Borisov) 2 566,809 Jul. 30, 1977
Soviet Union patent
The appealed claims stand rejected under 35 U.S.C. § 103
as unpatentable over Borisov combined with Nooden.
The subject matter on appeal is directed in a broad sense
to an aqueous foliarly applicable phosphate ester fertilizer.
As evident from appealed claim 31 reproduced above, in one
embodiment of appellants’ invention, the claimed fertilizer is
defined by a process of making it wherein a phosphoric acid/
polyhydroxy alcohol mixture is heated in the presence of
“reaction promoters” to produce a reaction product containing
phosphate esters and wherein the pH of the produced reaction
product is adjusted to a level suitable for foliar applicaion.
Appealed composition claim 6 defines a liquid aqueous foliar
fertilizer as comprising at least one liquid phosphate ester
and at least one hygroscopic agent. Appealed claim 1 is
directed to a method of fertilizing by spraying a hygroscopic
liquid onto plants at a certain application rate wherein the
hygroscopic liquid includes at least one phosphate ester and
2Our consideration of Borisov is based on the English
translation of record.
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