In Re: Stepan Company
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the court filed by
Circuit Judge MOORE.
Stepan Company (“Stepan”) appeals from a decision of the Patent Trial and Appeal Board (“Board”) affirming the examiner’s rejection of claims 1-31 of U.S. Patent Application No. 12/456,567 (“the ’567 application”). For the reasons discussed below, we vacate and remand.
Background
The ’567 application is directed to herbicidal formulations containing glyphosate salt with a surfactant system.'Surfactants can enhance glyphosate’s effectiveness as' an herbicide by providing better adherence to leaves, thereby enhancing penetration. According to the…
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