In re Snow (471 F.2d 1400, 1973)

MARKEY, Chief Judge.

This appeal is from the decision of the Patent Office Board of Appeals sustaining the examiner’s rejection of claims 1-16 in appellants’ application serial No. 577,820, filed September 8, 1966, as unpatentable under 35 U.S.C. § 103 in view of the prior art. We affirm.

THE INVENTION

The invention relates to a herbieidal composition comprising a N,N-disubstituted-c(,«-diphenylacetamide (hereinafter Diphenamid) and 4,6-dinitro-o-sec.butyl-phenol (hereinafter DNBP) dissolved in a chlorinated hydrocarbon solvent, and a method of using that composition to control weeds. As background, the specification acknowledges that:

Both N,N-disubstituted-o(,o(-diphenylacetamide and 4,6-dinitro-o-sec.butyl-phenol are known herbicides. The former herbicide is known to be effective for pre-emergence control of a wide variety of broadleaved weeds and weed grasses as described in U. S. Patent No. 3,120,434 and U. S. Patent No. 3,043,676. The latter herbicide is well-known and effective against annual broadleaved weeds and weed grasses. A combination of N,N-dimethyl-«,oc-diphenylacetamide and 4,6-dinitro-o-sec.butylphenol for controlling weeds in peanuts was noted in North Carolina Pesticide Manual, p. 43 (1966).

The novelty in appellants’ composition resides in the use of a particular chlorinated hydrocarbon — e. g. chloroform, methylene chloride, or others possessing 1-3 carbon atoms — as a solvent carrier for the two herbicides to form an emulsifiable concentrate which can be dispersed in water, if desired, for application to weeds. Claim 1 is representative:

1. Composition comprising N,N-disubstituted-