Appeal No. 2006-0370
Application 09/552,044
The appealed claims relate to an aqueous system which
includes a hydrolysis-sensitive active component (e.g.,
dichlofluanid, tolylfluanid, or fluorfolpet), and one or more
binders having a pH#7 (e.g., alkyd resins based on vegetable oils
or acrylate dispersions) which stabilize the active component.
Appellants stipulate on page 3 of their brief that all of
the appealed claims stand or fall together for purposes of this
appeal. Accordingly, we shall limit our consideration to claim
40, one of four independent claims, which reads as follows:
40. An aqueous system comprising:
(A) a component selected from the group consisting of
dichlofluanid, tolylfluanid, fluorfolpet, and mixtures thereof,
and
(B) one or more binders having a pH#7 selected from the
group consisting of (I) alkyd resins based on vegetable oils and
(ii) acrylate dispersions,
wherein the aqueous system is storage stable.
The prior art references relied upon by the examiner are:
Eversole et al (Eversole) 3,113,399 Dec. 10, 1963
Heuer et al. (Heuer) 5,972,971 Oct. 26, 1999
Ludwig et al. (Ludwig) 5,990,143 Nov. 23, 1999
The following rejections are before us for review:
1. Claims 40-47 stand rejected under 35 U.S.C. § 112,
second paragraph, for alleged indefiniteness.
2
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