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Patent 2209920 Summary

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(12) Patent: (11) CA 2209920
(54) English Title: ENVIRONMENTALLY SAFE PESTICIDE AND PLANT GROWTH ACCELERATOR
(54) French Title: PESTICIDE SANS DANGER POUR L'ENVIRONNEMENT ET ACCELERATEUR DE LA POUSSE DES PLANTES
Status: Deemed expired
Bibliographic Data
(51) International Patent Classification (IPC):
  • A01N 25/00 (2006.01)
  • A01N 25/04 (2006.01)
  • A01N 25/30 (2006.01)
  • A01N 59/00 (2006.01)
  • A01N 61/02 (2006.01)
  • A01N 65/00 (2009.01)
  • A01N 65/00 (2006.01)
(72) Inventors :
  • DEZUR, TERRY M. (United States of America)
  • POLLARD, RICHARD W. (United States of America)
(73) Owners :
  • ENVIRONMENTALLY SAFE SYSTEMS, INC. (United States of America)
(71) Applicants :
  • ENVIRONMENTALLY SAFE SYSTEMS, INC. (United States of America)
(74) Agent: DIMOCK STRATTON LLP
(74) Associate agent:
(45) Issued: 2007-01-02
(86) PCT Filing Date: 1996-01-11
(87) Open to Public Inspection: 1996-07-18
Examination requested: 2003-01-10
Availability of licence: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): Yes
(86) PCT Filing Number: PCT/US1996/000199
(87) International Publication Number: WO1996/021353
(85) National Entry: 1997-07-09

(30) Application Priority Data:
Application No. Country/Territory Date
08/372,288 United States of America 1995-01-13
08/380,101 United States of America 1995-01-30

Abstracts

English Abstract




A substantially, environmentally safe pesticide comprising between about 3 and
about 10 % by weight of a surfactant, between about
1 and about 5 % by weight of an alkali metal silicate and between about 5 and
about 25 % by weight of a mineral oil and the balance being
water. The pesticide can also include between about 0 and about 30 % by weight
of one or more additional substances, wherein none of
the one or more additional substances is itself a pesticide. Preferably, the
one or more substances is between about 1 and about 10 % by
weight of plant extract and about 0.2 and about 5 % by weight of fish extract
or a combination of both. The plant extract and fish extract
function to negate the phytotoxicity of the other substances and to accelerate
plant growth. The remainder of the pesticide is substantially
water.


French Abstract

Un pesticide pratiquement sans danger pour l'environnement comprend entre environ 3 et environ 10 % en poids d'un tensioactif, entre environ 1 et environ 5 % en poids d'un silicate de métal alcalin et entre environ 5 et environ 25 % en poids d'une huile minérale, le reste étant de l'eau. Le pesticide peut également comprendre entre environ 0 et environ 30 % en poids d'au moins une substance supplémentaire, aucune de ces substances n'étant elle-même un pesticide. De préférence, au moins une de ces substances représente entre environ 1 et environ 10 % en poids de l'extrait de plante et environ 0,2 et environ 5 % en poids d'extrait de poisson ou une combinaison des deux. L'extrait de plante et l'extrait de poisson agissent de façon à annihiler la phytotoxicité d'autres substances et à accélérer la pousse des plantes. Le reste du pesticide est essentiellement de l'eau.

Claims

Note: Claims are shown in the official language in which they were submitted.




WE CLAIM:


1. A pesticide comprising:

(a) between 3 and 10% by weight of a surfactant,

(b) between 1 and 5% by weight of an alkali metal silicate,
(c) between 5 and 25% by weight of a mineral oil,

(d) between 0 and 30% by weight of one or more additional substances,
wherein none of the one or more additional substances is itself a
pesticide, and

(e) the balance being water.

2. The pesticide of claim 1, comprising between about 5 and about 7% by weight

of surfactant, between about 2 and about 3% by weight of alkali metal
silicate, and
between about 13 and about 16% by weight of mineral oil.

3. The pesticide of claim 1, wherein the surfactant is a non-ionic surfactant.

4. A dilution of the pesticide of claim 1, comprising the pesticide of claim 1
and
up to 50 parts additional water.

5. The pesticide of claim 1, wherein the alkali metal silicate is a sodium
silicate.
6. The pesticide of claim 1, wherein the mineral oil is a light mineral oil.

7. The pesticide of claim 1, wherein the one or more additional substances is
selected from the group consisting of between about 1 and about 10% by weight
of a
plant extract, between about 0.2 and about 5% by weight of a fish extract and
a
combination of the foregoing.

8. The pesticide of claim 1, wherein the additional substance is seaweed
extract
or is hydrolyzed kelp extract.



9. A method for controlling pests, comprising the step of applying an
effective
amount of the pesticide according to claim 1 to pests or to a surface, plant
or soil
containing or potentially containing pests.

10. The method of claim 9, further comprising a step selected from the group
consisting of repeating the application step at regular intervals of about
once every
five to seven days to control infestations of the pests, the step of repeating
the
application step at regular intervals of about three to five weeks to maintain
control of
the pests throughout a growing season, and a combination of the foregoing
steps.

11. A pesticide consisting essentially of:

(a) between 3 and 10% by weight of a surfactant,

(b) between 1 and 5% by weight of an alkali metal silicate,
(c) between 5 and 25% by weight of a mineral oil,

(d) between 0 and 30% by weight of one or more additional substances,
wherein none of the one or more additional substances is itself a
pesticide, and

(e) the balance being water.

12. The pesticide of claim 11, consisting essentially of between 5 and 7% by
weight of surfactant, between 2 and 3% by weight of alkali metal silicate, and

between 13 and 16% by weight of mineral oil.

13. A dilution of the pesticide of claim 11, consisting essentially of the
pesticide
of claim 11 and up to 50 parts additional water.

14. The pesticide of claim 11, wherein the surfactant is a non-ionic
surfactant.

15. The pesticide of claim 11, wherein the alkali metal silicate is a sodium
silicate.
16. The pesticide of claim 11, wherein the mineral oil is a light mineral oil.

17. The pesticide of claim 11, wherein the one or more additional substances
is
selected from the group consisting of between about 1 and about 10% by weight
of a
23



plant extract, between about 0.2 and about 5% by weight of a fish extract and
a
combination of the foregoing.

18. The pesticide of claim 11, wherein the additional substance is seaweed
extract
or is hydrolyzed kelp extract.

19. A method for controlling pests, comprising the step of applying an
effective
amount of the pesticide according to claim 11 to pests or to a surface, plant
or soil
containing or potentially containing pests.

20. The method of claim 19, further comprising a step selected from the group
consisting of repeating the application step at regular intervals of about
once every
five to seven days to control infestations of the pests, the step of repeating
the
application step at regular intervals of about three to five weeks to maintain
control of
the pests throughout a growing season, and a combination of the foregoing
steps.

24

Description

Note: Descriptions are shown in the official language in which they were submitted.



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ENVIRONMENTALLY SAFE PESTICIDE AND PLANT GROWTH ACCELERATOR
BackQround

This invention relates to pesticides that are
substantially environmentally safe and are substantially non-
toxic to large animals.

Yields in agriculture and in horticulture are limited
by a number of agents and conditions. Among the agents and
conditions affecting plant yields are insects, fungi and
suboptimal soil.

A wide variety of man-made compositions have been used
in agriculture and horticulture to control damaging insects and
fungi. Further, a number of compositions have been used to

improve suboptimal soil conditions, thereby accelerating plant
growth.

Previously known pesticides have had a variety of

problems. Many of these compositions are toxic to large animals,
including man, in addition to being toxic to insects or fungi.
Further, many compositions that function as pesticides accumulate


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in the environment to levels considered to be unsafe. =n
additio:, many of these compositions have been found tc
contami:_=te natural sources of drinking water.

Such problems have lead the government to ban the use
of many pesticides, including DDT, Chlorodane, Lindane, Aldrir_,
Heptachlor, Dielarin and Mirex. Other compositions, t:.:t:gh st4_11
in use, present varying degrees of unwanted toxicity.

Besides unwanted toxicity, pr.esently known pesticides
have ot~er problems. They tend to be complex and expe:sive tc
produce, and many have disadvantageous storage recxuirements.

Further, it is generally necessary to apply multiple pesticides
to obtain satisfactory control of a variety of pests. This is
necessary to avoid the labor costs of applying several
individual pesticides in several separate applications, one at a
time.

Therefore, it would be advantageous to have a single
composition with activity against a broad range of pests but
which is substantially non-toxic to large animals and which is
environmentally safe. Further, it would be advantageous for the

composition to also function as a plant growth accelerazor.
Ideally, such a composition would be easv and inexpensive to
produce and to use.

Summary
The present invention is directed to a pestiC=de that
satisfies these needs. The pesticide comprises between about 3

and about 1015 by weight of a surfactant, preferably a nonionic
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surfactant, between about 1 and about 5o by weight of an alkali
metal silicate, preferably sodium metasilicate, and beLween about
and about 25o by weight of a mineral oil, preferablv a light
mineral oil. T_t optionally comprises between about 0 and about

5 30% by weight c--f one or more additional substances, wherein none
of the one or more additional substances is itself a pesticide.
The balance of the vesticide is water.

Preferentially, the one or more additional substances
include a plant growth accelerator such as between about 1 and

about l0o by weight of plant extract, between about 0.2 and about
5%~ by weight of a fish extract and a combination of both.

The pesticide of the present invention can be diluted
with water in a water to pesticide ratio between about 0:1 and
about 50:1 and more preferably in a water to pesticide ratio

between about 2:1 and about 10:1.

The nresent invention is also directed towards a
method for controlling pests, comprising applying an effective
amount of the pesticide according to the present invention to
pests or to a surface, plant or soil containing or potentially
containing pests.

Fiaures
The file of this patent contains at least one color
photograph. Cccies of this patent with color photographs will be
provided by the Patent and Trademark office upon request and

payment of the necessary fee.

The features, aspects, and advantages of the present
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invention will become better understood with regard to the
following description, appended claims, and accomnan.ring
.photographs where: Photographs lA and :B show a top and bctco:;i view,

respectively, at approximate_v 20X to 25X magnificacion of a
mealvbug before application cf the pesticide accor:4.ng to the
present invention;

Photographs 1C and 1D show a top and bottom view,
respectively, at approximateiv 20X to 25X magnification of the

mealybug in photographs lA and 1B 10 minutes after application of
the pesticide according to the present invention;

Photographs lE and 1F show a top and bottom view,
respectively, at approximatelv 20X to 25X magnification of the
inealybug in photographs 1A and 1B 20 minutes after application of

the r)esticide according to the present invention; and
Photographs 1G and 1H show a top and bottom view,
respectively, at approximately 20X to 25X magnification of the

mealvbug in photographs lA and 1B 30 minutes after application of =
the pesticide according to the present invention.

Description
The presenr- invention is a pesticide comprising several
substances. Each substance, or a chemically-related substance,
has been previously added to pesticidal compositions for various
pur_oses, such as emulsifying agents, d;spersing agents or

carriers. It has also been known in the prior art to combine
some of the several substances, or chemically-related substances,
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in a composition which includes at least one additional substance
whose specific function was pesticidal. We discovered, however,
that the several substances which comprise the present invention,
when combined in certain relative ratios, synergistically

functions as a potent pesticide themselves, without includinc a
separate pesticidal substance. T]~_e result is that the severa=
substances which comprise the present invention, advantageous_v
form a pesticide that is easy and inexpensive to manufacture,
easy to apply and environmentally safe. Further, in one

embodiment, the invention advantageously functions as a plant
growth accelerator in addition to being a pesticide.

As used herein "pesticide" means a composition whic'1-
exhibits either insecticidal or fungicidal properties or both.
As used herein, the term "insecticide" refers to a composition

which substantially renders harmless or k=lls insects. As used
herein "fungicide" refers to a composition which substantially
renders harmless or kills fungi.

As used herein "insect" refers to animals of the phvlum
or related to the phylum Arthropoda. The term includes, but is
not limited to, both soft-bodied and hard-bodied animals of the

orders of Homoptera, Coleoptera, Lepidopz _ra, Diptera, Protura,
Thysanoptera, Orthoptera, Isoptera, Dermantera, Mallophaga,
Anoplura, Hemiptera, and Hymenoptera.

As used herein, the term "fungrefers to a group c=
organisms that includes molds, mushrooms and mildews. Examples
include, but are not limited tc, leaf spot, root rot, black spot,

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brown rot, Anthracnose, Botrytis, dampening off, downey mildew,
powdery mildew, peach leaf curl, verticilium wilt, fusarium wilt
rust, pithium and alterneria. As used herein, the term "plant growth
accelerator"

refers'to a substance that increases the rate of p_ant growth
sign'_ficantly above the rate without the substance.

According to one embodiment of the present invention
there is provided a pesticide that comprises a small number of
readily obtainable substances in volumetric or weight ratios

within specific ranges. When combined, the substances act
synergistically to produce a environmentally safe pesticide and,
in one embodiment, a pesticide which also functions as a plant
growth accelerator.

The pesticide according to the present invention

comprises at least three substances; a surfactant, a silicate.and
a mineral oil. Additionally, the pesticide can include one or
more substances where none of the one or more additional
substances is itself a pesticide. The balance of the pesticide
is water. Preferer_tially, the one or more substances are a plant

extract, a fish extract or both.

Surfactants are a class of materials which are capable
of reducing the surface tension of a licruld when present in
relatively low concentrations. Surfactants may be ionic, anionic
or nonionic. In the present invention, a nonionic surfactant is

preferred. While a variety of nonionic surfactants are known to
those with skill =n the art, and are suitable for incorporation
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into the pesticide of the present invention, primary alcohol
alkoxylate is particularly preferred. This surfactant,

= alkyloxypolyethyleneoxypolypropyleneoxy ethanol, goes under the
trade name Triton'~ XL-80N Surfactant and is available from Union
~ -arbide Corp., Houston, TX.

The pesticide o= the present invencion further includes
an alkal-i metal silicate. Prererentially, it includes a sodium
silicate. More preferentially, it includes sodium metasilicate,
wh.4.ch has the formula Na2Si03. Sodium metasilicate is preferred

over other forms of sodium silicate because it tends not to
absorb moisture from the atmosphere as readily as some forms of
sodium silicate, such as sodium silicate pentahydrate. Also,
sodium metasilicate does not naturally contain significant
amounts of water. Therefore, it a particularly potent form (on a

by weight basis) of sodium silicate for combination with the
other substances comprising the invention. Sodium metasilicate
is available from a variety of sources known to those with skill
in the art, including OxyChem , of Niagara Falls, New York. When
sodium metasilicate is used, the pH of the pesticide should be at

least about 7.5 or greater, and preferably 8.5 or greater.

The pesticide of the present invention further includes
a mineral oil. Preferentially, the mineral oil is a light
mineral oil, such as a white mineral oil, N.F. Suitable light
mineral oil is available from Penreco, Karns City, PA or Los

Angeles, CA, under the name Drakeol 7-.

Additionally, the pesticide can comprise one or more
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substances where none of the one or more substances is itself a
pesticide. That is to say, the one or more subszances, used
alone in a significant concentration, do not exhibit substantial
pesticidal properties. The one or more substances is

preferentially a plant extract. A suitable plarti extract is made
from seaweed, such as hvdrolyzed kelp. One source of suitable
piant extract is the product Garden MaxiCrop, available from
Maxicrop U.S.A., Inc. Other sources of suitable piant extracz
include Kelco Co., Los Angeles, CA and the product Acadian
n
Seaplants Seaweed Extract available from Acadian Seaplants Ltd.,
Dartmouth, Nova Scotia, Canada.

The pesticide of the present invention can further
include a fish extract. Preferably, the fish extract is a
substantially water-soluble powder, or a liquid. One source of

suitable fish extract is the product Neptunes "Supreme",
available from Island Seed and Feed, Goleta, Ca.

The function of the plant extract and the fish extract
is to act as a buffering agent to obviate or at least
substantially lessen the phytotoxicity of the combination of the

other substances in the pesticide according to the present
invention. The nutritive qualities of the plant extract,
particularly combined with the nutritive qualities of the
hydrolyzed fish, fur::her act to accelerate plant growth through

foliar feeding.

The balance of the pesticide of the present invention
is water. While the water may be from any of a variety of

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sources, including filtered or distilled water, ordinary drinkinc
water is suitable.

According to one embodiment of the present invention, a
pesticide is produced as follows. Aoproximately 303 g of Tr_son
~ X=,-80N Suriactant is added to approximately 3,790 g of water and

r.:ixed. Next, approximately 126 g of sodium metasilicate is added
t: the water/surfacLant and mixed. Sufficient mixing time should
be allowed to permit the sodium metasilicate to dissolve
thoroughly. Then, approximately 755 g of light mineral oil is

added and the components are mixed thoroughly while entraining as
little air as possible.

The resultant composition is a potent pesticide.
However, the solution is also phytotoxic to a variety of
agriculturally or horticulturally desirable plant species. In

order to negate the phytotoxic properties of this mixture,
approximately 210 g of plant extract and 39 g of fish extract are
added. Thus, the final composition of the pesticide is
approximately 731i by weight of water, approximately 14.5% by
weight of light mineral oil, approximately 5.8% by weight of

TritonN XL-80N Surffactant, approximately 4% by weight of plant
extract, approximately 2.411 by weight of sodium metasilicate and
approximately 0..750i by weight of fish extract.

When the pesticide c= the present invention is used in
a manner in which phytotoxicity is off concern, the plant extract
and should be included. Additionally, fish extract is
preferentially included.

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Once the pesticide according to the present invention
is produced, with or without the plant extract or fish extract,

it can be diluted to a suitable strength for use, or alternately =
it can be produced using smaller auantities of substances other

than water. For example, one-sixth the amount of substances
other than water can be added to water to produce a pesticide.
The amount of dilution is based on the type of planz

and type of pest upon which the pesticide is to be used. Some
testing should be performed, therefore, in order to determine the
appropriate amount of dilution.

A dilution can be produced by adding water in a water
to pesticide ratio equal to about 0:1 to 50:1. More
preferentially, the dilution is equal to about a ratio of water
to pesticide of about 2:1 to 10:1.

The substances which form the pesticide of the present
invention can be present in a range of relative ratios. Table I
provides pre-dilution, preferred approximate ranges of substances
by weight percent as well as the most preferred range. While

preferred ranges are shown, other ranges are possible as would be
appreciated by those with skill in the art.

TABLE I

PRE-DILUTION, PREFERRED RANGES IN PERCENT BY WEiGHT
Substance Preferred Range Most Preferred Ranae
Water 45-90 68-76
Nonionic Surfactant 3-10 5-7
Silicate Powder 1-5 2-3
Mineral Oil 5-25 13-16
Plant Extract 1-10 3-5


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Fish Extract 0.2-5 0.2-2

When the peszicide of the present invention is used in
a manner in which phytctoxicitv is not a concern, the plant
extract and fish extra:z can be omitted. When the pesticide of

the present invertior_ _s used in a manner in which phytotoxicity
is of concern, the pla= extract should be included, and
additionally, fish extract is preTerably included. Both the
plant extract and the fish extract function to negate
phytotoxicity and improve the plant growth accelerator

characteristics of the pesticide.

The pesticide of the present invention is
preferentially applied at a certain dilution and a certain
application rate. Application rate refers to the specific amount
of pesticide applied per time.

The full strength solution is diluted,.if necessary,,
according to the crop being treated and the pest for which
control is desired. For example, the dilution for aphid control
or spider mite control is one-half the dilution required for
mealy bug control. A small scale trial application is preferred

prior to large scale application to determine if any phytotoxic
reaction is likely to occur. Any phytotoxic reaction which does
become evident can be reduced by increasing the dilution.

The dilution is partially determined bv the air
temnerature at the time of application. The higher the air
temperature, the higher the dilution should be.

Both the dilution and the application rate are
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partially determined by the amount of new growth and maturitv of
the crop at the time of application. A lower dilution in early
season, prior to tender new foliar growth emergence, can stop
larval'development of many pests, thereby eliminating the need

~ for future applications as well as feeding a:d stimulating the
targez crop for greater resistance against insect infestation.
Maximum effectiveness is obtained when the pesticide is

applied with sufficient time to dry on the application surfaces.
For best results, it is preferred to thoroughly cover all foliar,
and woody stems and branches, including soil surfaces. Further,
early morning or late afternoon to evening are the preferred

times for application.

Crops respond favorably and vigorously to a thorough
soil spray or soil drench for purposes of fertilizing and growth
stimulation. Further, they exhibit stress reduction due to

drought and temperature extremes.

When used as a soil drench, a dilution of about 3-4
gallons to 100 gallons of water is preferred. The same dilution
is preferred for dormancy spraying on woody ornamentals, dormant

fruit and shade trees as well as a transplant assist or as a soil
conditioner. A second amplication just prior to bud break in
early spring is preferred as a dormant spray, particularly if
rainy damp weather has occurred or is anticipated.

Protective clothing and gear should be worn according
to governmental standards and regulations. The formula is
environmentally safe and non-corrosive. Therefore, washing or

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rinsing application equipment and clothinc w'_th water is
optional.

Examples of suitable application are as follows. For
control of scale or mealybug at mid season, di.lut= about a.5 oz
of pesticide to 1 gallon of water, or abour- 3.5 gallons of

pesticide to 100 gallons of water for a lara?r application, for
an air temperature of less than about 75 F. For control of the
same pests earlier in the season, at the time of tender new

spring growth, a greater dilution of about 2.5 gallons of
pesticide to 100 gallons of water is preferred. Then,
preferably, a second application of the pesticide is applied
within about 5 to 7 days. This second application is
particularly preferred for control of some pests, such as white-
fly, due to egg hatch on the target crop.

The pesticide is a penetrating contact spray.
Application can be accomplished, for example, about once every
five to seven days for serious infestations of pests. For less
serious infestations of pests, the frequency of application can
be reduced. Spraying the composition at reaular -ntervals of

about three to five weeks will maintain good pest control
throughout the growing season. The composition can be used
* safely up through harvest time.

EXAMPLE 1

ACL"?'E ORAL TOXICITY LIMIT TEST

The toxicity to large animals of the pesticide
according to the present invention, occurring from a single
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orally administered dose, was evaluated as follows. Five male
and five female young, healthy adult Wistar-derived albino rats,

.each weighing between about 200 and 300 grams were used for this
evaluation. The animals were fed on water and Purina Rat.Chow

ad-libitum. The animals were fasted 18 to 24 hours prior to
dosing but were allowed water ad-libitum. Feed was returned ad-
libitum immediately after dosing.

A single oral dose of the pesticide according the
present invention, and having a composition of approximately 73%
by weight of water, approximately 14.501 by weight of light

-
mineral oil, approximately 5.8o by weight of Triton XL-80N
Surfactant, approximately 4% by weight of plant extract,
approximately 2.4 s by weight of sodium metasilicate and
approximately 0.75!~ by weight of fish extract was delivered by

gavage at a dose level of 5.0 g/kg body weight. The rats were
individually caged and observed for mortality or signs of growth
toxicity for fourteen days. At the end of the test period, all
surviving animals were weighed and sacrificed, and necropsies
were performed.

The results of this study are summarized in Table II.
All test animals appeared healthv and exhibited weight gain
throughout the observation period. Necropsies of -:he surviving
=
test animals revealed that all organs were intact. No

abnormalities or discolorations were noted.
TABLE TI

Animal n Sex Body Weight Dosage Dose Mortality
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Initial Final Delivered* Day
(g) (g) (g) (ml)

3009 M 236 251 1.18 1.20 NA
ti 5
3011 M 240 261 1.20 1.22 NA
3020 M 235 242 1.18 1.20 NA
3021 M 238 255 1.19 1.21 NA

3026 M 236 248 1.18 1.20 NA
x 237 251 1.19 1.21
Range 190 - 284

3029 F 234 259 1.17 1.19 NA
3031 F 234 263 1.17 1.19 NA
3033 F 236 261 1.18 1.20 NA
3034 F 236 249 1.18 1.20 NA
3038 F 234 256 1.17 1.19 NA
x 235 258 1.17 1.19

Range 188 - 282

* - 1 ml weighs 0.9777 g

EXAMPLE 2

3_5 EFFECTIVENESS AGAINST MEALYBUGS

The insecticidal effectiveness of the composition
according to the present invention, with respect tc mealybugs,
was evaluated as follows. Mealybugs are insects belonging to the
Homcptera family. Other members of the Homoptera family include

aphids, whiteflies and leafhoppers.

Mealybugs have elongate-oval bodies with well-
developed legs. One type, Pseudococcidea, are covered with a


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waxy secretion that helps protect the bug from contact with
pest=cides.

Me.alvbugs receive their nutrition by sucking plant
juices. Their ~_te into the plant freauenti_v results in the

introduction o= =ungal infections. The funaal infections cause
signi=icant damace to the plants in addition to the damage caused
by the insect itself.

Photcgraphs 1A through 1H illustrate the effect of a
single application of the pesticide according to the present

invention, and having a composition of approximately 73% by
weight of water, approximately 14.5% by weight of light mineral
oil, approximately 5.8% by weight of Triton XL-80N Surfactant,
apprcximately 4% by weight of plant extract, approximately 2.4%
by weight of sodium metasilicate and approximately 0.75% by

weight of fish extract. All photographs were taken at
apprcximately 20X to 25X magnification. Photographs IA and 1B
show a top view and bottom view of an untreated mealybug,
respeczively. The legs of the untreated bug exhibited
substantial movement. A single application of diluted pesticide

(abou:: 4.5 oz tc 1 gallon of water) according to the present
inven-zion was s==aved directly onto the insect to wet the insect
thorcughly. The insect was then allowed to soak for a period c=
approximately 2:^inutes before being removed and placed under the
photc microscope.

Photographs 1C and 1D illustrate a top and bottom
view, respectively, of the mealybug ten minutes after

16


CA 02209920 1997-07-09

WO 96/21353 PCT/US96/00199
application. During the first ten minuzes after application, the
insect exhibited a spreading paralysis of its leg segments
beginning proximally anci extending distally.

Photographs lE and IF, and IG and 1H, illustrate the
top and bottom views of the bug twenty .;;inutes after applicaticn
and thir--y minutes after application, respectively. As can be
seen, the insect's protective waxy coating substantially
dissolved. Furt^er, the body of the insect became bloated and
discolored, and the insect died.

EXAMPLE 3

EFFECTIVENESS AGAINST GRA-r-J PHYLLOXERA

The pesticidal effectiveness of the composition
according to the present invention was further tested with
respect to the different life stages of grape phylloxera in the

three experiments below. Phylloxera is a form of aphid belonging
to the Homoptera family. It lives primarily underground and
attacks the roots of grapevines. After attaching to the roots,
the insect feeds on the juices of the plants. The root produces
a gall at the point of phylloxera attachment, which is evidence

of the introduction of foreign material into the root. Fungal
invasion into the plant through the poin,: of attachment is
common. Phylloxera is highly prolific, potentially producing
billions of of;szring in a single season, and causes extensive
monetary loss tc grape producers.

A. Assav of Effectiveness Aaainst Phvlloxera Eacrs

The effectiveness of the pesticide according to the
17


CA 02209920 1997-07-09

WO 96/21353 PCT/US96/00199
present invention was assayed against grape phvlloxera eggs.
Eggs used in these assavs were one to three davs old. The egcs
were reAlicated into sets of 70 on 9 cm diameter filter paper
discs which were previously moistened with 0.5 ml of distilled-

water in plastic petri dishes. The pesticide, according to one
embodiment of the present invention, used in this assav had a
comDos-4tion of approximately 739k by we:ght of water,
approximately 14.511 by weight of light mineral oil, approximar-ely
5. 8% by weight of Triton' XL-80N Surfactant, approximately 41 by

weight of plant extract, approximately 2.41 by weight of sodium
metasilicate and approximately 0.75o by weight of fish extract.
A control usina distilled water was included in these assays.

The filter paper containing the eggs was moistened
with 1 ml of distilled water or 1 ml of pesticide. Three

replicates were used for each assay., The petri dishes were
sealed with parafilm and then placed in plastic bags and in a
plastic box in a growth chamber. The chamber was maintained at
24 C.

Egg mortality was determined after seven days. Egg
hatching was considered the end point of the assay. An egg was
considered to have succumbed to the treatment if it was dead er
if the newly-hazched insect (crawler) died before emerging frcm
the chorion completely. Hatched eggs were considered to have
survived the treatment if the crawler succumbed to the pesticide

on the filter paper soon after emergence. The results ofthis
study are summarized in Table III.

18


CA 02209920 1997-07-09

WO 96/21353 PCT/US96/00199
TABLE III

Treatment Dead Live Total o Mortalitv
Distilled water 0 70 70 0
1 69 70 . 1.4
0 70 70 0
Pesticide 70 0 70 100
70 0 70 100
70 0 70 100
B. Assav of B.f=ectiveness Aaainst Nvmrh and Adult Phvlloxera

The effectiveness of the pesticide, according to =he
present invention, was tested to determine its effectiveness
against nymph and adult stages of phylloxera. Sections of

Cabernet Sauvignon root pieces, each 4 cm long by 2-4 mm in
diameter, were infected with 20-30 phylloxera eggs per root p_ece
in petri dish chamber. After three weeks, small, medium and
large nymphs, and adults were counted on each root pieces. Root
pieces with insects were dipped in distilled water or the

pesticide having a composition of approximately 73% by weight of
water, approximately 14.5% by weight of light mineral oil,
approximately 5.8% by weight of Triton- XL-80N Surfactant,
approximately 4% by weight of plant extract, approximately 2.4%

by weight of sodium metasilicate and approximately 0.75% by
weight of fish extract for ten seconds. The root pieces were
then allowed to air dry.

Th=_ treated roots were placed on filter paper in
petri dishes. The dishes were then sealed with parafilm, and
placed in plastic bags in a plastic box in a growth chamber. The

growth chambers were maintained at 24 C.
19


CA 02209920 1997-07-09

WO 96/21353 PCTIUS96/00199

Four root pieces were used for each assay. Surviving
animals were counted after one week. The results cf this stu3y
are summarized in Table !V.

TABLE IV

Treatment Dead Live Total % Morta_itv
Distilled water 2 17 19 10.5
1 14 15 6.7
5 16 21 23.8
1 15 16 6.3

Pesticide 15 0 15 100
19 0 19 100
0 15 100
15 16 0 16 100

C. Assay of Effectiveness Aaainst Phylloxera Instar Establishment
The pesticide according to the present invention was
further tested to determine its effectiveness in preventing first

instar (crawler) establishment. Cabernet Sauvignon root pieces
were dipped in distilled water or in pesticide having a
composition of approximately 7311 by weight of water,
approximately 14.511 by weight of light mineral oil, approximately
5.8%- by weight of Triton' XL-80N Surfactant, approximatelv 401 by

weight of plant extract, approximately 2.4% by weight of sodium
metasilicate and approximately 0.75% by weight of fish ex::ract.
The root pieces were then allowed to air dry.

Treated root pieces were placed on a filter Faper in
plastic petr= dishes. Twenty eggs were piaced on each rc;,t. The
dishes were sealed in parafilm, then placed in plastic bags in a
plastic box in a growth chamber. The growth chambers were

maintained at 24 C.



CA 02209920 1997-07-09

WO 96/21353 PCTIUS96/00199

Four root pieces were used for each assay. After two
weeks, the root pieces were examined and numbers of survivors
which survived and succeeded to feed were counted. The results
of this studv are summarized in Table V.

TABLE V

Treatment Dead Live Total 'i Mortalitv
Distilled water 6 14 20 30
4 16 20 20
8 12 20 40
4 16 20 20

Pesticide 20 0 20 100
0 20 100
15 20 0 20 100
20 0 20 100
Although the present invention has been described in
considerable detail with reference to certain preferred
embodiments thereof, other embodiments are possible. For

20 example, the one or more additional substances can include
substances that impart other desirable non-pesticidal properties,
such as color or smell. Therefore, the spirit and scope cf the
appended claims should not be limited to the description cf the
preferred embodiments contained herein.

21

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Administrative Status

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Administrative Status

Title Date
Forecasted Issue Date 2007-01-02
(86) PCT Filing Date 1996-01-11
(87) PCT Publication Date 1996-07-18
(85) National Entry 1997-07-09
Examination Requested 2003-01-10
(45) Issued 2007-01-02
Deemed Expired 2011-01-11

Abandonment History

There is no abandonment history.

Payment History

Fee Type Anniversary Year Due Date Amount Paid Paid Date
Application Fee $150.00 1997-07-09
Registration of a document - section 124 $100.00 1997-08-20
Registration of a document - section 124 $100.00 1997-08-20
Maintenance Fee - Application - New Act 2 1998-01-20 $50.00 1997-12-18
Maintenance Fee - Application - New Act 3 1999-01-11 $50.00 1999-01-07
Maintenance Fee - Application - New Act 4 2000-01-11 $50.00 2000-01-07
Maintenance Fee - Application - New Act 5 2001-01-11 $75.00 2001-01-04
Maintenance Fee - Application - New Act 6 2002-01-11 $75.00 2002-01-09
Request for Examination $200.00 2003-01-10
Maintenance Fee - Application - New Act 7 2003-01-13 $75.00 2003-01-10
Maintenance Fee - Application - New Act 8 2004-01-12 $75.00 2003-12-15
Maintenance Fee - Application - New Act 9 2005-01-11 $200.00 2004-12-15
Maintenance Fee - Application - New Act 10 2006-01-11 $250.00 2005-12-22
Final Fee $300.00 2006-10-19
Maintenance Fee - Patent - New Act 11 2007-01-11 $250.00 2006-12-18
Maintenance Fee - Patent - New Act 12 2008-01-11 $250.00 2007-12-06
Maintenance Fee - Patent - New Act 13 2009-01-12 $250.00 2008-12-29
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
ENVIRONMENTALLY SAFE SYSTEMS, INC.
Past Owners on Record
DEZUR, TERRY M.
POLLARD, RICHARD W.
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Description 1997-07-09 21 761
Claims 1997-07-09 4 110
Drawings 1997-07-09 4 84
Cover Page 1997-10-10 1 53
Abstract 1997-07-09 1 51
Claims 2006-04-05 3 89
Cover Page 2006-11-28 1 39
Assignment 1997-07-09 4 132
PCT 1997-07-09 6 227
Correspondence 1997-09-29 1 31
Assignment 1997-08-20 7 301
Correspondence 1997-08-20 2 53
Correspondence 1997-10-21 4 85
Assignment 1997-10-03 1 34
Fees 2003-01-10 1 36
Prosecution-Amendment 2003-01-10 1 46
Prosecution-Amendment 2003-05-20 1 37
Fees 2003-12-15 1 34
Fees 1999-01-07 1 46
Fees 2000-01-07 1 36
Fees 2002-01-09 1 47
Fees 1997-12-18 1 42
Fees 2001-01-04 1 38
Fees 2004-12-15 1 31
Prosecution-Amendment 2005-10-11 2 42
Fees 2005-12-22 1 34
Prosecution-Amendment 2006-04-05 5 126
Correspondence 2006-10-19 1 38
Correspondence 2016-11-03 3 122
Office Letter 2016-11-28 138 4,360