The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte COSIMA NUNINGER, MARTIN WEISS
and ANDREW JOHN LEADBEATER
__________
Appeal No. 2006-0333
Application No. 09/798,181
__________
ON BRIEF
__________
Before ADAMS, GREEN, and LINCK, Administrative Patent Judges.
GREEN, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 1, 5 and 10. Claim 1 is representative of the claims on
appeal, and reads as follows:
1. A method of combating phytopathogenic diseases on crop plants which
comprises applying to the crop plants or the locus thereof being infested with
said phytopathogenic disease an effective amount of a combination of a first
component I metalaxyl having an R-enantiomer content of more than 95% by
weight, in association with a second component II, methyl (E)-2-methoxyimino-[2-
(o-tolyloxymethyl)phenyl]acetate, wherein components I and II are applied in a
quantity producing a synergistic phytopathogenic disease controlling effect.
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