Ex Parte LUNDSTEDT - Page 6




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


              disclosing a composition containing alkyl polyglycosides and inert carriers in ratios which               
              overlap those recited in the claims.  However, as pointed out by appellant, none of the                   
              cited references disclose or suggest a “composite” dispersing agent as required by the                    
              claims.                                                                                                   
                     Accordingly, the rejection is reversed.                                                            
                     3.  The rejection of claims 21-28 as unpatentable under 35 U.S.C. § 103 over                       
              Garst ‘078, in view of Pilato and Garst ‘115 and further in view of Moorer                                
                     The examiner maintains that Garst ‘078, Pilato and Garst ‘115 disclose the                         
              invention as claimed with the exception of teaching a process of mixing aqueous                           
              solutions of alkyl polyglycosides and polymeric anionic dispersants.  Examiner’s answer,                  
              page 5.  The examiner relies on Moorer for a teaching of a process of mixing wetting                      
              agents and dispersing agents together in solution and then drying them.  Id., page 6.                     
              According to the examiner, it would have been obvious to one of ordinary skill at the                     
              time of the invention to have incorporated the teachings of Moorer into the invention of                  
              the combined references to achieve the claimed invention because                                          
                     a)  Moorer et al. and the combined references are all directed to pesticides                       
                     comprising sulfonated lignins and nonionic surfactants/wetting agents; b)                          
                     Garst ('078) teaches that his composition can be formulated with or                                
                     without solvents such as water and that it is within the skill of the artisan to                   
                     determine specific amounts of adjuvants, such as solvents, to add to the                           
                     composition; c) Moorer et al. teach making a wetting-dispersing agent by                           
                     combining an aqueous mixture of a sulfonated lignin and a nonionic                                 
                     wetting agent and then drying the mixture to form a single product; hence,                         
                     combining aqueous solutions of alkyl polyglycoside (nonionic                                       
                     surfactant/wetting agent) and lignosulfonate and drying the mixture, would                         
                     be within the skill of one in the art.                                                             
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