Appeal 2006-3191
Application 10/397,765
1. A method of purifying a pesticide comprising:
a) melting a pesticide, wherein the pesticide comprises at least one
active ingredient and at least one impurity capable of inhibiting
crystallization;
b) coating the melted pesticide on a substrate to form a pesticide
particle;
c) substantially reducing the amount of crystallization inhibiting
impurity by an azeotropic method; and
d) crystallizing the pesticide.
The Examiner has relied on the following references as evidence of
obviousness:
Durden US 3,956,500 May 11, 1976
Muller US 5,869,517 Feb. 09, 1999
Claims 1, 5-14, and 16-20 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over Durden (Answer 3). Claims 2-4 and 15 stand rejected
under 35 U.S.C. § 103(a) as unpatentable over Durden in view of Muller
(Answer 5).
We REVERSE all grounds of rejection on appeal essentially for the
reasons stated in the Brief dated Jan. 10, 2006, and the Reply Brief dated
Jun. 28, 2006. We add the following remarks primarily for emphasis.
OPINION
With regard to the Durden reference, the Examiner finds that this
reference discloses a method for making pesticidal compositions comprising
coating the pesticide on a solid carrier, removing impurities by azeotropic
distillation, and recrystallization to remove impurities and “form pure 90.5
2
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