Ex Parte LUNDSTEDT - Page 3




              Appeal No. 2003-0850                                                                                      
              Application No. 09/334,366                                                                                


                                                     Background                                                         
                     The invention relates to free-flowing granular dispersing agent for use in                         
              combination with an agricultural chemical formulation.  Appeal brief, paper no. 17,                       
              received January 18, 2002, page 2.  Appellant has discovered that the claimed                             
              composite dispersing agent (see claim 1) provides significant advantages over                             
              conventional wetting and dispersing agents which are added individually to pesticide                      
              formulations.  See specification, page 2, lines 18-22.  In particular, appellant has                      
              discovered that by drying together aqueous mixtures of alky polyglycosides and                            
              dispersing agents to form a dry, powered composite dispersing agent, he achieves a                        
              product which may be used in granular or liquid-suspension agricultural chemical                          
              formulations to achieve outstanding attrition resistance, excellent dispersional ability                  
              after accelerated aging and a low moisture content when made into a paste.  See id.                       
              lines 22-26.                                                                                              
                     Discussion                                                                                         
                     1.  Rejection of claims 1, 4, 5, 7-9, 13, 16, 17, 19 and 20 under  35 U.S.C. §                     
              102(b) as anticipated by Garst ‘078                                                                       
                     Anticipation requires the disclosure, in a single prior art reference, of each                     
              element of the claim under consideration.  See W.L. Gore and Assoc., Inc. v. Garlock,                     
              Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983).                                            



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