Appeal No. 2003-0850
Application No. 09/334,366
In its broadest aspect, the present invention relates to liquid or granular
dispersing agents for use in water-dispersible granule (WDG) or
suspension concentrate agricultural chemical formulations which are
composite substances comprised of an alkyl polyglycoside and a
polymeric anionic dispersant. The granular composite dispersing agents
are made by drying together aqueous mixtures of alkyl polyglycosides and
dispersing agents to form a dry, powdered product providing significant
advantages over conventional wetting and dispersing agents added
individually to pesticide formulations. The granular composite dispersing
agents according to the invention, which can be used in granular or
liquid-suspension agricultural chemical formulations, exhibit outstanding
attrition resistance, excellent dispersional stability after accelerated aging
and low moisture content when made into a paste.
Specification, page 2, lines 14-26.
In giving the claims their broadest reasonable interpretation consistent with this
disclosure, we are in agreement with appellant that the claim recitation of a “composite
dispersing agent” is limited to a dispersing agent formed by drying an aqueous mixture
of an alkyl polyglycoside and a polymeric anionic dispersant. Thus, the claims do not
read on Garst ‘078's disclosure of a dispersing agent formed by combining individual
already-dried compounds.
The rejection is reversed.
2. The rejection of claims 2, 3, 6, 10-12, 14, 15 and 18 under 35 U.S.C. § 103
as unpatentable over Garst ‘078 in view of Pilato and Garst ‘115
The examiner relies on Pilato for a teaching of a pesticidal composition which
may contain salts of lignosulfonic acids and naphthalenesulfonic acids and which may
further include various additives including polymer surfactants which include alkyl
polyglycoside. Examiner’s answer, page 4. The examiner relies on Garst ‘115 as
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