Appeal No. 2007-0180 Page 2
Application No. 10/663,843
Claim 1 reads as follows:
1. A pesticidal emulsifiable concentrate comprising (a) 1 to 60% by
weight of a pyrethroid compound, (b) 2 to 15% by weight of at least
one surfactant and (c) 15 to 90% by weight of at least one aromatic
ester solvent represented by the formula:
Ar-X-COOR [1]
wherein R represents non-aromatic group having 1 to 6 carbon atoms;
Ar represents an aromatic group; and X represents a single bond or an
alkylene group having 1 to 6 carbon atoms.
Evidence relied upon
The Examiner relies upon the following reference as evidence of
unpatentability:
Schmitt US Pat. 5,398,300 Feb. 14, 1995
Pallaske DE 4142134A (Abstract only) Jun. 24, 1993
Mukai JP 53-075330 (Abstract only) Jul. 4, 1978
Obviousness under 35 U.S.C. § 103
Claims 1 and 4-10 stand rejected under 35 U.S.C. § 103(a) as obvious over
Schmitt in view of Pallaske and Mukai.
Schmitt teaches a composition for protecting sawn timber again wood-
discoloring fungi comprising a combination of two fungicides which are phenol
and iodopropargyl derivatives. Schmitt, col. 1, ll. 4-6; col. 1, l. 52 to col. 2, l. 6. In
addition to the fungicides, the composition can contain emulsifiers, solvent, and
insecticides. Col. 2, ll. 61-66; col. 3, ll. 27-28; col. 4, l. 22; col. 7, l. 24-43. See
Answer 3 to 4.
Schmitt states that emulsifiers can be mixtures of nonionic and ionic
emulsifiers which are present in 5-25% by weight. Col. 3, ll. 23-24; col. 8, l. 44-
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