Ex parte KONZAK et al. - Page 12




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


          leaflet as rapidly as” other tested compounds.  Koontz further              
          discloses that the separate addition of a hygroscopic agent                 
          such as glycerin(glycerol) to phosphate solutions greatly                   
          increased moisture retention.  In light of the disclosures in               
          Koontz, the examiner should reconsider whether one of ordinary              
          skill in this art would have been led to add a hygroscopic                  
          agent such as glycerol to the phosphate ester fertilizer of                 
          Borisov based on a reasonable expectation of formulating a                  
          fertilizer that would have the capability of successful foliar              
          application.                                                                
               In summary, the rejection of claims 1-5, 21-29, and 36-40              
          is reversed.  The rejection of claims 6-20 and 31-35 is                     
          affirmed. The decision of the examiner is affirmed-in-part.                 
          The application is remanded to the examiner for                             
          reconsideration of the teachings in Koontz.                                 











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