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Patent 2605092 Summary

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(12) Patent: (11) CA 2605092
(54) English Title: HERBICIDAL COMPOSITION WITH INCREASED HERBICIDAL EFFICACY
(54) French Title: COMPOSITION HERBICIDE AVEC EFFICACITE HERBICIDE ACCRUE
Status: Granted
Bibliographic Data
(51) International Patent Classification (IPC):
  • A01N 25/32 (2006.01)
  • A01N 25/04 (2006.01)
  • A01N 37/40 (2006.01)
  • A01N 39/04 (2006.01)
  • A01P 13/00 (2006.01)
(72) Inventors :
  • FEFER, MICHAEL (Canada)
  • LIU, JUN (Canada)
(73) Owners :
  • SUNCOR ENERGY INC. (Canada)
(71) Applicants :
  • PETRO-CANADA (Canada)
(74) Agent: ROBIC
(74) Associate agent:
(45) Issued: 2014-03-25
(22) Filed Date: 2007-10-02
(41) Open to Public Inspection: 2008-04-05
Examination requested: 2012-09-12
Availability of licence: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): No

(30) Application Priority Data:
Application No. Country/Territory Date
2,562,718 Canada 2006-10-05
60/828,352 United States of America 2006-10-05

Abstracts

English Abstract

An herbicide composition available as a concentrate for dilution with water or a ready-to-use oil-in-water emulsion which has a significantly reduced amount of active ingredient of a broadleaf herbicide. The composition combines the reduced amount of herbicide in a mixture of oil and emulsifier.


French Abstract

Une composition herbicide est offerte comme concentré pour dilution dans l'eau ou comme émulsion d'huile dans l'eau prête à l'usage qui contient une quantité significativement réduite d'ingrédient actif d'un herbicide pour culture à feuilles larges. La composition combine une quantité réduite d'herbicide dans un mélange d'huile et d'émulsifiant.

Claims

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


WHAT IS CLAIMED IS:
1. An herbicidal composition provided as an oil-in-water emulsion comprising:
a broadleaf herbicide which is an auxin mimic-type herbicide in an effective
amount, wherein the effective amount is from about 10% to about 50% of a
prescribed
label rate,
wherein the composition has low potential phytotoxicity for turfgrass when
applied
as the oil-in-water emulsion at a total spray volume of from about 60 to about
120
gal/acre, the oil-in-water emulsion comprising an oil-emulsifier mixture
having a ratio
of oil to emulsifier from about 95:5 wt% to about 50:50 wt%.
2. The composition of claim 1, wherein the ratio of oil to emulsifier in the
oil-
emulsifier mixture is from about 85:15 wt% to about 90:10 wt%.
3. The composition of claim 1 or 2, wherein the oil-emulsifier mixture is
diluted in
water from about 5 wt% to about 35 wt% for forming the oil-in-water emulsion.
4. The composition of claim 1 or 2, wherein the oil-emulsifier mixture is
diluted in
water from about 10 wt% to about 30 M% for forming the oil-in-water emulsion.
5. The composition of any one of claims 1 to 4, wherein the broadleaf
herbicide
comprises:
2,4-dichlorophenoxyacetic acid in the form of an acid, a salt, an ester, or
combinations thereof;
2-(2-methyl-4-chlorophenoxy)propionic acid, in the form of an acid, a salt, an
ester
or combinations thereof; and
3,6-dichloro-o-anisic acid in the form of an acid, a salt, or combinations
thereof.
21

6. The composition of claim 5, wherein the effective amount of active
ingredients of
the broadleaf herbicide to oil-emulsifier mixture is in a ratio of about 1:50
to about
1:750 by weight.
7. The composition of any one of claims 1 to 6, wherein the oil is a highly
saturated
oil.
8. The composition of claim 7, wherein the oil has a carbon number
distribution of
from about C16 to about C35.
9. The composition of claim 7, wherein the oil has an aromatic content of less
than
about 10 wt%.
10. The composition of claim 7, wherein the oil has an aromatic content of
less than
about 5 wt%.
11. The composition of claim 7, wherein the oil has substantially no aromatic
content.
12. The composition of claim 7, wherein the oil is a synthetic isoparaffinic
oil.
13. The composition of any one of claims 1 to 12, wherein the emulsifier is
selected to
be soluble in the oil.
14. The composition of claim 13, wherein the emulsifier is an ethoxylated
alcohol.
15. An emulsion-forming broadleaf herbicide concentrate comprising:
a broadleaf herbicide which is an auxin mimic-type herbicide in an effective
amount, wherein the effective amount is from about 10% to about 50% of a
prescribed
label rate, and
an oil-emulsifier mixture having a ratio of oil to emulsifier from about 50:50
wt% to
about 95:5 wt%, wherein
when diluted in water as an oil-in-water emulsion for application to turfgrass
at a
total spray volume of from about 60 to about 120 gal/acre the concentrate has
a low
potential phytotoxicity for turfgrass.
22

16. The concentrate of claim 15, wherein the concentrate is diluted in water
sufficient
to dilute the oil-emulsifier from about 5 wt% to about 35 wt% for forming the
oil-
in-water emulsion.
17. The concentrate of claim 15, wherein the concentrate is diluted in water
sufficient
to dilute the oil-emulsifier from about 10 wt% to about 30 wt% for forming the
oil-
in-water emulsion.
18. The concentrate of any one of claims 15 to 17, wherein the ratio of oil to
emulsifier
in the oil-emulsifier mixture is from about 85:15 wt% to about 90:10 wt%.
19. The concentrate of any one of claims 15 to 18, wherein the oil is a highly
saturated
oil having a carbon number distribution of from about C16 to about C35 and an
aromatic content of less than about 10 wt%.
20. The concentrate of claim 19, wherein the oil has an aromatic content of
less than
about 5 wt%.
21. The concentrate of claim 19, wherein the oil has substantially no aromatic
content.
22. The concentrate of claim 19, wherein the oil is a synthetic isoparaffinic
oil.
23. The concentrate of any one of claims 15 to 22, wherein the broadleaf
herbicide
comprises:
2,4-dichlorophenoxyacetic acid in the form of an acid, a salt, an ester, or
combinations thereof;
2-(2-methyl-4-chlorophenoxy)propionic acid, in the form of an acid, a salt, an
ester
or combinations thereof; and
3,6-dichloro-o-anisic acid in the form of an acid, a salt, or combinations
thereof.
24. The concentrate of any one of claims 15 to 23, wherein the emulsifier is
selected to
be soluble in the oil.
23

25. A method of preparing an oil-in-water emulsion comprising:
preparing an emulsion-forming broadleaf herbicide concentrate by combining
a broadleaf herbicide which is an auxin mimic-type herbicide in an effective
amount, wherein the effective amount is from about 10% to about 50% of a
prescribed
label rate, and
an oil-emulsifier mixture having a ratio of oil to emulsifier from about 95:5
wt% to
about 50:50 wt%; and
combining the emulsion-forming broadleaf herbicide concentrate with water
sufficient to dilute the oil-emulsifier from about 5 wt% to about 35 wt% for
forming an
oil-in-water emulsion for application to turfgrass at a total spray volume of
from about
60 to about 120 gal/acre, the oil-in-water emulsion having a low potential
phytotoxicity
for turfgrass.
26. The method of claim 25, wherein the combining of the concentrate with the
water
is performed using high shear.
27. The method of claim 25 or 26, wherein the ratio of oil to emulsifier in
the oil-
emulsifier mixture is from about 85:15 wt% to about 90:10 wt%.
28. The method of any one of claims 25 to 27, wherein the oil-emulsifier
mixture is
diluted in water from about 10 wt% to about 30 wt% for forming the oil-in-
water
emulsion.
29. The method of any one of claims 25 to 28, wherein the broadleaf herbicide
comprises:
2,4-dichlorophenoxyacetic acid in the form of an acid, a salt, an ester, or
combinations thereof;
24

2-(2-methyl-4-chlorophenoxy)propionic acid, in the form of an acid, a salt, an
ester
or combinations thereof; and
3,6-dichloro-o-anisic acid in the form of an acid, a salt, or combinations
thereof.
30. The method of any one of claims 25 to 29, wherein the effective amount of
active
ingredients of the broadleaf herbicide to oil-emulsifier mixture is in a ratio
of about
1:50 to about 1:750 by weight.
31. The method of any one of claims 25 to 30, wherein the oil is a highly
saturated oil.
32. The method of claim 31, wherein the oil has a carbon number distribution
of from
about C16 to about C35.
33. The method of claim 31, wherein the oil has an aromatic content of less
than about
wt%.
34. The method of claim 31, wherein the oil has an aromatic content of less
than about
5 wt%.
35. The method of claim 31, wherein the oil has substantially no aromatic
content.
36. The method of claim 31, wherein the oil is a synthetic isoparaffinic oil.
37. The method of any one of claims 25 to 36, wherein the emulsifier is
selected to be
soluble in the oil.
38. The method of claim 37, wherein the emulsifier is an ethoxylated alcohol.
39. A method for delivering a reduced amount of active ingredient of a
herbicide to
turfgrass with increased efficacy for controlling broadleaf weeds and
substantially
no phytotoxicity to the turfgrass comprising:
preparing an oil-in-water emulsion having a broadleaf herbicide which is an
auxin
mimic-type herbicide in an effective amount, wherein the effective amount is
from
about 10% to about 50% of a prescribed label rate; and

applying the oil-in-water emulsion at a total spray volume of from about 60 to

about 120 gal/acre, the oil-in-water emulsion further comprising an oil-
emulsifier
mixture having a ratio of oil to emulsifier from about 95:5 wt% to about 50:50
wt%.
40. The method of claim 39, wherein the preparing the oil-in-water emulsion
further
comprises:
preparing an oil-emulsifier mixture having a ratio of oil to emulsifier in
from about
85:15 wt% to about 90:10 wt%;
mixing the broadleaf herbicide in the oil-emulsifier mixture; and
diluting the oil-emulsifier mixture and herbicide, in water from about 5 wt%
to about
35 wt% for forming the oil-in-water emulsion.
41. The method of claim 40, further comprising:
diluting the oil-emulsifier mixture with herbicide in water from about 10 wt%
to about
30 wt% for forming the oil-in-water emulsion.
42. The method of any one of claims 39 to 41, wherein the oil-emulsifier
mixture is
diluted in water from about 5 wt% to about 35 wt% for forming the oil-in-water

emulsion.
43. The method of any one of claims 39 to 41, wherein the oil-emulsifier
mixture is
diluted in water from about 10 wt% to about 30 wt% for forming the oil-in-
water
emulsion.
44. The method of any one of claims 39 to 43, wherein the broadleaf herbicide
comprises:
26

2,4-dichlorophenoxyacetic acid in the form of an acid, a salt, an ester, or
combinations thereof;
2-(2-methyl-4-chlorophenoxy)propionic acid, in the form of an acid, a salt, an
ester
or combinations thereof; and
3,6-dichloro-o-anisic acid in the form of an acid, a salt, or combinations
thereof.
45. The method of any one of claims 39 to 44, wherein the effective amount of
active
ingredients of the broadleaf herbicide to oil-emulsifier mixture is in a ratio
of about
1:50 to about 1:750 by weight.
46. The method of any one of claims 39 to 45, wherein the oil is a highly
saturated oil.
47. The method of claim 46, wherein the oil has a carbon number distribution
of from
about C16 to about C35.
48. The method of claim 46, wherein the oil has an aromatic content of less
than about
wt%.
49. The method of claim 46, wherein the oil has an aromatic content of less
than about
5 wt%.
50. The method of claim 46, wherein the oil has substantially no aromatic
content.
51. The method of claim 46, wherein the oil is a synthetic isoparaffinic oil.
52. The method of any one of claims 39 to 51, wherein the emulsifier is
selected to be
soluble in the oil.
53. The method of claim 52, wherein the emulsifier is an ethoxylated alcohol.
54. A method for delivering a reduced amount of active ingredient of a
herbicide to
turfgrass with increased efficacy for controlling broadleaf weeds and
substantially
no phytotoxicity to the turfgrass comprising applying to the turfgrass the
composition provided as an oil-in water emulsion of any one of claims 1 to 14
at a
total spray volume of from about 60 to about 120 gal/acre.
27

55. Use of the composition provided as an oil-in water emulsion of any one of
claims 1
to 14 for delivering a reduced amount of active ingredient of the herbicide to

turfgrass with increased efficacy for controlling broadleaf weeds and
substantially
no phytotoxicity to the turfgrass.
28

Description

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


CA 02605092 2007-10-02
1 "HERBICIDAL
COMPOSITION WITH INCREASED HERBICIDAL EFFICACY"
2
3 FIELD OF THE INVENTION
4 The invention
relates to herbicidal compositions and in particular to
herbicidal oil-in-water emulsions that reduce the effective amount of
herbicide
6 required for
the control of broadleaf weeds in turfgrass, while being substantially
7 non-phytotoxic to turfgrass.
8
9 BACKGROUND OF THE INVENTION
The use of oils as herbicide adjuvants is a well established practice
11 in
agriculture for improvement of weed control applications through better
12 coverage and
penetration of the active ingredient on the leaf surface of the target
13 weed. In many
cases, this permits some degree of reduction in the rate of
14 herbicide
required, which is particularly desired for synthetic herbicides that are
toxic to humans and the environment. Oil-based herbicide adjuvants are often
16 formulated as
an herbicidal "emulsifiable concentrate" consisting of a 75-95 wt%
17 hydrocarbon
oil or solvent with the balance being emulsifier, and to which the
18 herbicide is
added. In use, the herbicidal emulsifiable concentrate is diluted with
19 water to form
an oil-in-water emulsion which is then sprayed onto the target area
21 While most
oil-based herbicidal adjuvants have been directed to
22 the control
of grassy weeds in crops, little has been done with respect to the use
23 of such
adjuvants for the control of broadleaf (dicotyledous) weeds in turfgrass.
24 In one study
by McCowan (McCowan, F.H. "Turf Herbicide Rx: Add Oil" April,
1968), it was found that the addition of Sunspray Oil 11E (a mixture of
refined
1

CA 02605092 2007-10-02
1 paraffin oil and emulsifier at 98:2 wt%, respectively; available from
Sunoco, Inc.
2 Philadelphia PA, USA) to certain herbicides resulted in equal or better weed
3 control in turfgrass when delivered at a rate of 2 gallons of oil per
acre.
4 However, the herbicide oil combination also resulted in a significant
increase in
toxicity to the turfgrass in some cases. Overall, Applicant believes McCowan's
6 findings were not conclusive with respect to the selectivity, effectiveness
and
7 phytotoxicity of various herbicide-oil combinations. To the inventor's
knowledge,
8 there are currently no high-oil-content herbicide compositions that
selectively kill
9 broadleaf weeds on the market for use on turfgrass.
Wide use of selective herbicides like 2,4-D (2,4
11 dichlorophenoxyacetic acid), Mecoprop (MCPP or
methylchlorophenoxypropionic
12 acid) and dicamba (3,6-dichloro-o-anisic acid) for controlling broadleaf
weed in
13 turfgrass throughout the world are controversial. The International
Agency for
14 Research on Cancer has classified the entire family of phenoxy-type
herbicides,
and particularly 2-4D, as potentially carcinogenic. Mecoprop and dicamba are
16 suspected of being human teratogens. In the interest of public safety,
regulatory
17 bodies such as US EPA and Health Canada PMRA have been making label
18 improvements aimed primarily at exposure reduction of 2,4-D and other
19 herbicides to environments.
Control of broadleaf weeds remains a major problem in turfgrass
21 throughout the world. Further, public concerns related to human health
and
22 safety as well as the impact on environments resulting from the
application of
23 such herbicides, continue to arise. There is, therefore, a need in the
art for
24 improved herbicidal compositions for controlling broadleaf weeds in
turfgrass
that present a reduced risk to humans and to the environment.
2

CA 02605092 2007-10-02
1 SUMMARY OF THE INVENTION
2 Embodiments of the invention provide an herbicidal composition
3 having an amount of active ingredient significantly reduced from known
4 prescribed label rates used for conventional herbicides. The novel
compositions
demonstrate a significantly increased herbicidal efficacy for controlling
broadleaf
6 weeds in turfgrass while being substantially non-phytotoxic to the
turfgrass.
7 Embodiments of the invention enable use of known herbicides at
8 much lower active ingredient (Al.) rates while showing at least
equivalent
9 broadleaf weed control in turfgrass when compared to prescribed label
rates,
typically expressed as the A.I. per unit area.
11 Embodiments of the invention are also directed to a method of
12 controlling broadleaf weeds in turfgrass while being substantially non-
phytotoxic
13 to turfgrass, which comprises treating the locus thereof with an
effective amount
14 of the novel herbicidal composition. As an additional feature,
embodiments of the
novel herbicidal composition have been found to control insects, such as sod
16 webworms and fall armyworms, in turfgrass.
17 Therefore in a broad aspect, embodiments of the herbicidal
18 compositions having increased herbicidal efficacy comprise: a broadleaf
19 herbicide in an effective amount of active ingredient per unit area
reduced from
about 90% to about 50% of a prescribed label rate, wherein the composition has
21 low potential phytotoxicity for turfgrass when applied as an oil-in-
water emulsion
22 at a total spray volume of from about 60 to about 120 gal/acre, the oil-
in-water
23 emulsion further comprising an oil-emulsifier mixture having a ratio of
oil to
24 emulsifier from about 95:5 wt% to about 50:50 wt%.
3

CA 02605092 2013-11-19
Further, embodiments of the invention include an herbicidal composition
provided as an oil-in-water emulsion comprising:
a broadleaf herbicide which is an auxin mimic-type herbicide in an effective
amount, wherein the effective amount is from about 10% to about 50% of a
prescribed
label rate,
wherein the composition has low potential phytotoxicity for turfgrass when
applied
as the oil-in-water emulsion at a total spray volume of from about 60 to about
120
gal/acre, the oil-in-water emulsion comprising an oil-emulsifier mixture
having a ratio of oil
to emulsifier from about 95:5 wt% to about 50:50 wt%.
Further, embodiments of the invention are emulsion-forming
broadleaf herbicide concentrates comprising: a broadleaf herbicide in an
effective amount of active ingredient per unit area reduced from about 90% to
about 50% of a prescribed label rate, and an oil-emulsifier mixture having a
ratio
of oil to emulsifier from about 50:50 wt% to about 95:5 wt%, wherein when
diluted in water as an oil-in-water emulsion for application to turfgrass at a
total
spray volume of from about 60 to about 120 gal/acre the concentrate has a low
potential phytotoxicity for turfgrass.
Further, embodiments of the invention include an emulsion-forming
broadleaf herbicide concentrate comprising:
a broadleaf herbicide which is an auxin mimic-type herbicide in an effective
amount, wherein the effective amount is from about 10% to about 50% of a
prescribed
label rate, and
4

CA 02605092 2013-11-19
an oil-emulsifier mixture having a ratio of oil to emulsifier from about 50:50
wt% to =
about 95:5 wt%, wherein
when diluted in water as an oil-in-water emulsion for application to turfgrass
at a
total spray volume of from about 60 to about 120 gal/acre the concentrate has
a low
potential phytotoxicity for turfgrass.
Additionally, embodiments of the invention teach a method of
preparing an oil-in-water emulsion having increased herbicidal efficacy and
for
delivery a reduced amount of active ingredient of an herbicide to turfgrass
comprising: preparing an emulsion-forming broadleaf herbicide concentrate by
combining a broadleaf herbicide in an effective amount of active ingredient
per
unit area reduced from about 90% to about 50% of a prescribed label rate, and
an oil-emulsifier mixture having a ratio of oil to emulsifier from about 50:50
wt%
to about 95:5 wt%; and combining the emulsion-forming broadleaf herbicide
concentrate with water sufficient to dilute the oil-emulsifier from about 5
wf% to
about 35 wt% for forming an oil-in-water emulsion for application to turfgrass
at a
total spray volume of from about 60 to about 120 gal/acre, the oil-in water
emulsion having a low potential phytotoxicity for turfgrass.
Additionally, embodiments of the invention include a method of preparing
an oil-in-water emulsion comprising:
preparing an emulsion-forming broadleaf herbicide concentrate by combining
a broadleaf herbicide which is an auxin mimic-type herbicide in an effective
amount, wherein the effective amount is from about 10% to about 50% of a
prescribed
label rate, and
4a

CA 02605092 2013-11-19
an oil-emulsifier mixture having a ratio of oil to emulsifier from about 95:5
wt% to
about 50:50 wt%; and
combining the emulsion-forming broadleaf herbicide concentrate with water
sufficient to dilute the oil-emulsifier from about 5 wt% to about 35 wt% for
forming an oil-
in-water emulsion for application to turfgrass at a total spray volume of from
about 60 to
about 120 gal/acre, the oil-in-water emulsion having a low potential
phytotoxicity for
turfgrass.
Additionally, embodiments of the invention include a method for delivering
a reduced amount of active ingredient of a herbicide to turfgrass with
increased efficacy
for controlling broadleaf weeds and substantially no phytotoxicity to the
turfgrass
comprising:
preparing an oil-in-water emulsion having a broadleaf herbicide which is an
auxin
mimic-type herbicide in an effective amount, wherein the effective amount is
from about
10% to about 50% of a prescribed label rate; and
applying the oil-in-water emulsion at a total spray volume of from about 60 to

about 120 gal/acre, the oil-in-water emulsion further comprising an oil-
emulsifier mixture
having a ratio of oil to emulsifier from about 95:5 wt% to about 50:50 wt%.
A further embodiment includes a method for delivering a reduced amount
of active ingredient of a herbicide to turfgrass with increased efficacy for
controlling
broadleaf weeds and substantially no phytotoxicity to the turfgrass comprising
applying to
the turfgrass the composition provided as an oil-in water emulsion as
described herein at a
total spray volume of from about 60 to about 120 gal/acre.
A further embodiment includes the use of the composition provided as an
oil-in water emulsion as described herein for delivering a reduced amount of
active
4b

CA 02605092 2013-11-19
ingredient of the herbicide to turfgrass with increased efficacy for
controlling broadleaf
weeds and substantially no phytotoxicity to the turfgrass.
Exemplary herbicides contemplated for use in embodiments of the
invention are the auxin mimic-type herbicides which include such herbicides as

KILLEX and TRIMECO.
4c

CA 02605092 2007-10-02
1 BRIEF DESCRIPTION OF THE DRAWINGS
2 Figure 1 is a
graphical representation of the effect of KILLEX
3 formulations according to embodiments of the invention, as described in
4 Example 3, over time.
6 DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT
7 As used
herein, the term "control" generally refers to killing,
8 inhibition of proliferation, or otherwise diminishing the occurrence of
plants.
9 Further, the
terms "turfgrass" or "grass" generally refer to grasses
that are periodically cut or mowed to provide a groundcover for various
utility,
11 recreational
or aesthetic purposes. Exemplary turfgrasses include Fescues,
12 Rye, Bent,
Bahia, St. Augustine, Centipede, Kentucky bluegrass, Zoysia Native
13 Grasses (e.g., Buffalo grass, Blue Grama and Wheatgrasses), Seashore
14 Paspalum,
Carpet Grass, Buffo, and Beach Grass. Such grasses are typically
found in locations such as parks, golf courses, sports fields, sod farms,
16 roadsides,
and lawns for housing residences, commercial sites, and institutional
17 grounds.
18 Examples of
"broadleaf weeds" include, but are not limited to,
19 bedstraw,
bindweed (field), birdsfoot trefoil, black medic, blackseed plantain,
blueweed, broad-leaved plantain, burdock, buttercup, canada thistle,
chickweed,
21 chicory,
clover, common chickweed, daisy fleabane, dandelion, devil's paint
22 brush
(hawkweed), dock (curled), english daisy, fall dandelion (fall hawkbit),
23 grass leaved
stitchwort, ground ivy, heal-all, henbit, knotweed, kochia, Iamb's-
24 quarters,
mallow, mouse-ear chickweed, mustards, narrow-leaved plantain, ox-
eye daisy, peppergrass, pigweed, pineapple weed, poison ivy, prostrate
5

CA 02605092 2007-10-02
1 pigweed, purslane, ragweed, russian thistle, sandwort (thyme-leaved),
sheep
2 sorrel, shepherd'spurse, smartweed (green), sow thistle, speedwell
(purslane
3 leaved), spotted spurge, stitchwort, stonecrop (mossy), veronica (thyme-
leaved),
4 wild lettuce, yellow hawkweed brambles, buckhorn plantain, bull thistle,
carolina
geranium, cocklebur, crudweed, evening primrose, false dandelion, fleabane,
6 florida pusley, frenchweed poison oak, hawkweed, honeysuckle, jimsonweed,
7 kudzu, little starwort, morning glory, oxalis (yellow woodsorrel),
pennywort,
8 plantains (narrow, buckhorn, broadleaf), poorjoe, povertyweed, soliva,
9 spreadwell (annual), spurge, sumac, vervain, vetch, violet, wild aster,
wild
blackberry, wild carrot, wild garlic, wild geranium, wild onion, wild radish,
wild
11 raspberry and yarrow.
12 In embodiments of the invention, the herbicidal composition
13 comprises a highly saturated oil, an emulsifier, and a broadleaf
herbicide,
14 provided as an oil-in-water emulsion (01W emulsion) for ready-to-use
applications or as an emulsifiable herbicidal concentrate which is thereafter
16 diluted in water for application as the 0/W emulsion.
17 In embodiments of the invention, the active ingredients (A.I.) of
an
18 herbicide selected to control broadleaf weeds are present in the oil-in-
water
19 emulsion in a range of from about a 50% reduction, compared to known
prescribed label rates, to about a 90% reduction, compared to known prescribed
21 label rates. The oil and emulsifier in the oil-emulsifier mixture are
present in a
22 weight ratio of about 95:5 wt% to about 50:50 wt%. The oil-emulsifier
mixture is
23 present in the total 0/W emulsion at about 5% to about 35% by weight
which is
24 contemplated to be delivered in a total spray volume of about 60 to
about 120
gallons of 0/W emulsion per acre of turfgrass.
6

CA 02605092 2007-10-02
1 In embodiments of the invention the oil-emulsifier mixture is
2 present in the total oil-in-water emulsion at about 10% to about 30%.
3 In embodiments of the invention the oil-emulsifier mixture
4 comprises a ratio of oil to emulsifier of from about 85:15 wt% to about
90:10
wt%. The inventors have found that an oil-emulsifier mixture having less than
6 about 5% of emulsifier does not significantly increase herbicidal
efficacy, even
7 when used at 30% in the 0/W emulsion.
8 In embodiments of the invention, exemplary herbicides comprise
9 auxin mimic or growth regulator type herbicides, which include the
phenoxy-type
herbicides, such as 2,4-0, 2,4-DB, 24-DP, benzoic acid-type herbicides, such
as
11 dicamba and MCPA and other aromatic acid herbicides such as clopyralid,
12 fluroxypyr, picloram and quinclorac.
13 It is particularly contemplated that the herbicide used is either
14 KILLEX (Scott Canada, Mississauga, Ontario) or TRIMEC (PBUGORDON
Corporation, Kansas City, Missouri), both of which are combinations of 2,4-D
16 Mecoprop and dicamba. In embodiments of the invention, KILLEX or
17 TRIMEC are used in a total herbicide active ingredient to oil-
emulsifier mixture
18 ratio of about 1:50 to about 1:750 by weight.
19 In the case of KILLEX or TRIMEC , the 2,4-D may be in the form
of an acid, a salt or an ester, such as 2,4-D acid, 2,4-D sodium salt, 2,4-D
diethyl
21 amine, 2,4-D dimethylamine salt, 2,4-0 isopropyl acid, 2,4-D
triisopropyl acid,
22 2,4-D butoxyethyl ester, 2,4-D ethylhexyl ester or 2,4-D isopropyl
ester. The
23 Mecoprop may be in the form of an acid, a salt or an ester, such as MCPP
acid,
24 potassium salt, dimethylamine salt, diethanolamine salt or isooctyl
ester. The
Dicamba may be in the form of an acid, a dimethylamine or a sodium salt.
7

CA 02605092 2013-04-12
Oils used in the composition are highly saturated oils. Typically, the
oils are either synthetic or produced using conventional refining techniques
such
as solvent extraction, severe and mild hydrocracking or hydrotreating or
hydrofining and have a viscosity in the range of about 6cSt to about 34cSt at
40 C (ASTM 445). Embodiments of the invention utilize paraffinic or
isoparaffinic
oils.
In embodiments of the invention, isoparaffinic oils are selected to
have a carbon number distribution in the range of about C16 to about C35 and
is
highly refined to have an aromatic content of less than about 10wV/0 and in
embodiments of the invention less than about 5wt%. In embodiments of the
invention an isoparaffinic oil having substantially no aromatics is selected.
As compared to light oils" such as SOLVESSOTM 150 (available
from ExxonMobil) or kerosene, the inventors believe heavier isoparaffinic oils

evaporate less quickly from the leaf surface and do not cause severe cell
membrane disruption and therefore provide a better opportunity for the 011A1
emulsion to spread and for the herbicide therein to penetrate the leaf surface

effectively.
Emulsifiers are selected to have minimal toxicological risk, such as
those included on the Environmental Protection Agency's List 3 or 4 Inert
(other)
Pesticide Ingredients in Pesticide Products. Appropriate emulsifiers are
selected
to have sufficient solvency in the oil phase such as described in US Patent
6,515,031 to Applicant.
8

CA 02605092 2013-04-12
In embodiments of the invention, suitable emulsifiers also include
ethoxylated alcohols having primary C5 ¨ C20 carbon chains with an average of
about 2 to about 7 ethoxylation groups and alkyl phenol ethoxylates, including
8a

CA 02605092 2007-10-02
1 but not limited to dodecyl phenol ethoxylates, nonyl phenol ethoxylates
and the
2 like.
3 Commercial preparations, whether prepared as ready-to-use
4 compositions or as emulsifiable concentrates, may further contain such
additional ingredients as are known to one of skill in the art, such as
6 preservatives to extend the shelf-life stability. In embodiments of the
invention, a
7 small amount of preservative, such as methylchloroisothiazolinone in
8 combination with methylisothiazolinone (KATHON CG/ICP available from
9 Rohm and Haas) is added, typically at less than 2.25 ppm of active
ingredient.
The 0/W emulsions to be sprayed on turfgrass are typically
11 prepared using high shear mixing equipment such as a Polytron
Homogenizer
12 (available from Kinematica Inc., Newark, NJ, USA). Preparation using
high shear
13 equipment results in stable emulsions which can then be applied to the
turfgrass
14 using conventional spraying equipment and techniques.
As shown in the examples below, the unique combinations of oil
16 and emulsifier in the emulsions act to reduce the amount of active
ingredient of
17 the herbicide, particularly KILLEXO and TRIMEC , required to kill
broadleaf
18 weeds in turfgrass as compared to conventional aqueous solutions of the
same
19 herbicides. The compositions as shown result in a lack of detectable
phytotoxicity when the 0/W emulsion is used at a total spray volume of about
60-
21 120 gal /acre.
22 One of skill in the art would understand that embodiments of the
23 invention using other herbicides such as listed above would similarly
result in a
24 significant reduction of the amount of active ingredient of the
herbicide required
to control broadleaf weeds in turf grass.
9

CA 02605092 2007-10-02
1 Further, Applicant has noted that embodiments of the invention are
2 effective in controlling insects such as tropical sod webworm and fall
armyworm
3 when applied to turfgrass.
4
EXAMPLE 1
6 General Materials and Methods
7
8 Materials
9 The oils, emulsifiers and herbicides shown in Tables 1, 2 and 3
were used as indicated in the examples.
11 Table 1 - Oils
Oil Component Source
N65DW Synthetic isoparaffinic oil Petro-Canada*
12 *Calgary, AB, Canada
13
14
Table 2 - Emulsifiers
16
Emulsifier Components Source
AL3313 Polyoxyethyene lauryl ether, C10 to C16 alcohol Uniqema*
ethoxylates, and glycerol oleate
Atplus 300F Non ionic surfactant blends Uniqema*
17 *New Castle, DE, USA

CA 02605092 2007-10-02
1 Table 3. Herbicides
2
Herbicide Component Source
KILLEX 2,4-D, dimethylamine @ 190 g/1 Scott Canada*
(2,4-dicholorophenoxyacetic acid, dimethylamine
salt)
Mecoprop-p, Dimethylamine @ 100 g/1,
(2-(2-Methyl-4-chlorophenoxy)propionic acid,
dimethylamine salt)
Dicamba, Dimethylamine @ 18 g/1
(Benzoic acid 3, 6-dichloro-2-methoxy-,
dimethylamine salt)
TR1MEC 2,4-D, dimethylamine @ 25.93 % PB1/Gordon"
Classic (2,4-dicholorophenoxyacetic acid, dimethylamine
salt)
Mecoprop-p, Dimethylamine @ 13.85 %
(2-(2-Methyl-4-chlorophenoxy)propionic acid,
dimethylamine salt)
Dicamba, Dimethylamine @ 2.76 %
(Benzoic acid 3, 6-dichloro-2-methoxy-,
dimethylamine salt)
TRIMECO 2,4-D, dimethylamine @ 18.74% PBI/Gordon**
Southern (2,4-dicholorophenoxyacetic acid, dimethylamine
salt)
Mecoprop-p, Dimethylamine @ 17.37%
(2-(2-Methyl-4-chlorophenoxy)propionic acid,
dimethylamine salt)
Dicamba, Dimethylamine @ 3.85%
(Benzoic acid 3, 6-dichloro-2-methoxy-,
dimethylamine salt)
3 * Mississauga, Ontario
4 ** Kansas City, Missouri
6 Methods
7 Preparation and use of aaueous KILLEX and TRIMECO formulations
8 Conventional aqueous KILLEX solutions were prepared by
9 diluting KILLEX in water as appropriate for use at the label rate
("KILLEX
100%", 0.59 gal/acre) and at a reduced rate ("KILLEX 12.5%", 0.074ga1/acre,
11

CA 02605092 2007-10-02
1 87.5% reduction). In particular," KILLEX 100%" was used at the label rate
of 0.59
2 gal/acre in sufficient water (approximately 107 gal/acre). "KILLEX 12.5%"
was
3 used at a reduced rate of 0.074 gal/acre in sufficient water
(approximately 107
4 gal/acre).
TRI MEC Classic solutions were prepared by diluting
6 TRIMEC Classic in water as appropriate for use at the label rate ("TRIMEC
7 100%", 0.5 gal/acre) and at a reduced rate ("TRIMEC 12.5%",
0.0625gal/acre),
8 each used at a spray volume of about 62 gallons per acre.
9 TRIMEC Southern solutions were prepared by diluting
TRIMEC Southern in water as appropriate for use at the label rate of 0.19
11 gal/acre ("TRIMEC Southern 100%") and at a reduced rate of 0.0625
gal/acre
12 ("TRIMEC Southern 33%"), each used at a spray volume of about 62 gallons
13 per acre.
14
Preparation and use of KILLEX or TRIMECO oil-in-water emulsion formulations
16 KILLEX or TRIMECO OfW emulsions were generally prepared by
17 tank-mixing the components using high shear equipment such as a Polytron

18 Homogenizer (available from Kinematica Inc., Newark, NJ, USA) so as to
19 produce a stable emulsion for application to turfgrass.
Various compositions of oil, emulsifier, herbicide and water were
21 prepared, according to embodiments of the invention, varying the oil and
22 emulsifier at 10%, 20% or 30% by weight of the total solution as shown
in the
23 examples below. The 0/W emulsions were used at a rate of from about 62
24 gal/acre to about 107 gal/acre.
12

CA 02605092 2007-10-02
1 Testing of KILLEX and TRIMECO formulations
2 KILLEX or TRIMECO formulations according to the various
3 examples were applied to 2m x 2m plots of turfgrass. Turfgrass tested at
the
4 University of Guelph, Ontario, Canada predominantly comprised perennial
ryegrass, with some Kentucky bluegrass and other perennial grasses. Turfgrass
6 tested at Michigan State University, MI, USA comprised a mixture of
Kentucky
7 blue grass, rye grass and tall fescue grass. Turfgrass tested at
University of
8 Florida, FL, USA comprised bahia grass and St. Augustine grass. The
9 formulations were applied using standard spray procedures, as is known in
the
art.
11 For measuring the effect of the KILLEX and TRIMECO
12 formulations on the control of broadleaf weeds, the number of
dandelions,
13 clovers, dollarweeds or pusley present in each plot was counted before
and after
14 treatment with KILLEX or TRIMECC) formulations.
For measuring phytotoxic effects of the KILLEX or TRIMECO
16 formulations on the turfgrass, the turfgrass was analyzed by visual rating
17 accompanied by instrumental assessment using a chlorophyll meter.
18
19 EXAMPLE 2
Effects of KILLEX dosage and an 0/W emulsion of KILLEX on dandelions
21 This example demonstrates the effect of aqueous KILLEX
22 formulations on dandelion counts when used at the label rate (0.59
gal/acre) and
23 a reduced rate (12.5%, 0.074 gal/acre, 87.5% reduction), as well as the
effect of
24 an 0/W emulsion formulation containing 30% by weight of oil plus
emulsifier on
the efficacy of KILLEX at the reduced rate. The KILLEX formulations were
13

CA 02605092 2007-10-02
1 prepared and tested as described in Example 1, with the 0/W emulsions
being
2 applied at a rate of 107 gal /acre. The results are shown below in Table
4.
3
4 Table 4
Dandelion (%cover) - 21 days after treatment
KILLEX PCI Oil-emulsifier Dandelion
Sample %cover
Gal/acre Oil emulsifier (21 DAA*)
Control (untreated) (none) (none) (none) 14.0
KILLEX 100% 0.59 (none) (none) 5.0
(label rate)
KILLEX 12.5% 0.074 (none) (none) 12.8
KILLEX 12.5% + 0.074 85 wt% N65DW 15 wt% A13313 3.5
PCI 30%
6 *DM ¨ days after application
7 The results
shown in Table 4 demonstrate that KILLEX ,
8 formulated as an 0/W emulsion according to an embodiment of the
invention,
9 has increased efficacy with reduced herbicide and therefore lower levels
of
KILLEX can be used to control dandelions.
11
12 EXAMPLE 3
13 Effect of KILLEX 0/W emulsion over time on dandelions
14 This example
demonstrates the effect of KILLEX 0/W emulsion
over time on dandelion counts in turfgrass. KILLEX was used at a rate of
16 0.074 gal/acre in an 0/W emulsion containing N65DW:AL3313 at 85:15 wt%
and
17 diluted to 30% by weight in water ("PCI 30% + KILLEX 12.5%"). The
KILLEX
18 formulations were prepared and tested as described in Example 1. The
control
19 used was untreated turfgrass.
14

CA 02605092 2007-10-02
1 As shown in Fig. 1, KILLEX , formulated as an 0/W emulsion
2 according to an embodiment of the invention, is effective in controlling
3 dandelions over time, expressed as days after treatment (DAT).
4
EXAMPLE 4
6 Effects of TRIMECO dosage and an 0/W emulsion of TRIMECO on white
7 clovers
8
9 Example 4 demonstrates the effect of aqueous TRIMECO
formulations on white clover counts when used at the label rate (0.5 gal/acre
)
11 and at a reduced rate (0.0625 gal/ Acre, 87.5% reduction).
12 Further Example 4 demonstrates the effect on the efficacy of
13 TRIMECO at the reduced rate when used as an 0/W emulsion formulation
14 according to embodiments of the invention containing 10% by weight of
oil plus
emulsifier and 20% by weight of oil plus emulsifier The TRIMECO formulations
16 were prepared and tested as described in Example 1 at Michigan State
17 University, with the 0/W emulsions being applied at a rate of 62 gal
/acre. The
18 results are shown in Table 5 below.

CA 02605092 2007-10-02
1 Table 5
2
3 Clover (%cover) 24 days after treatment
Clover %cover Turf
Sample TRIMEC PCI Oil-emulsifier (24DAA*) Injury**
(gal/acre)
Oil emulsifier
Control (none) (none) (none) 15.7 1.0
(untreated)
TRIMEC 0.5 (none) (none) 1.3 1.0
100%
label rate
TRIMEC 0.0625 (none) (none) 10 1.0
12.5%
TRIMEC 0.0625 85 wt% 15 wt% 1.3 1.0
12.5%+ PCI N65DW A13313
10%
TRIMEC 0.0625 85 wt% 15 wt% 1.7 1.0
12.5% + PCI N65DW A13313
20%
4 * days after application
**Rating range from 0 to10, with 10 representing greatest injury
6 (phytotoxicity)
7
8 The results in Table 5 demonstrate that TRIMEC formulated as
9 an 0/W emulsion according to embodiments of the invention has increased
efficacy and therefore significantly lower levels of TRIMEC can be used to
11 control clovers in turfgrass without increased phytotoxicity.
12
13 EXAMPLE 5
14 Effects of TRIMECOSouthem and an 0/W emulsion of TRIMECOSouthern on
dollarweed and puslev
16
17 Example 5 demonstrates the effect of an aqueous
18 TR1MECOSouthern formulation on dollarweed and pusley counts when used at
19 the label rate (0.19 gal/acre) and an 0/W emulsion formulation
containing 10%
16

CA 02605092 2007-10-02
1 by weight of oil plus emulsifier according to a embodiment of the
invention
2 applied at a reduced rate (0.0625 gal/acre, 67% reduction).
3 The TRIMECOSouthern formulations were prepared and tested as
4 described in Example 1 at University of Florida, with the 0/W emulsions
being
applied at a rate of 62 gal /acre. The results are shown in Table 6 below.
6
7 Table 6
8
9 Pusley and Dollarweed (%cover) - 24 days after treatment
Pusley Dollarweed
TRIMEC PCI Oil-emulsifier %cover %cover
Sample Southern (28DAA*) (28DAA*)
(gal/acre)
Oil emulsifier
Control (none) (none) (none) 100 72
(untreated)
TRIMECO 0.19 (none) (none) 49
47
Southern 100%
label rate
TRIMECO 0.0625 85 wt`)/0 15 wV/0 39 42
Southern 33% N65DW A13313
+ PCI 10%
* Days after application
11 The results in Table 6 demonstrate that TRIMECOSouthem
12 formulated as an 0/W emulsion according to an embodiment of the
invention
13 has increased efficacy and therefore significantly lower levels of
14 TRIMECOSouthern can be used to control pusley and dollarweed.
17

CA 02605092 2007-10-02
1 EXAMPLE 6
2 Effect of
KILLEX and 0/W emulsions of KILLEX on turfarass - Phvtotoxicitv
3 Example 6 demonstrates the phytotoxic effect of KILLEX and
4 various 0/W emulsions of KILLEX according to embodiments of the
invention
on turfgrass.
6 The KILLEX formulations were prepared and tested as described
7 in Example 1, with the 0/W emulsions comprising oil plus emulsifier at
20% by
8 weight in water. The formulations were applied at a total spray volume
107
9 gal/acre. The results are shown in Table 6 below.
11 Table 6
12
13 Turfgrass phytotoxicity - KILLEX formulations applied at 0.0885
gal/acre
Oil-emulsifier Phyto-
Sample Oil Emulsifier toxicity
(scale 0
¨ 10)**
Control (none) (none) 0.25
KILLEX 12.5% (none) (none) 0.25
KILLEX 12.5%+PCI 20% 85 wt% N65DW 15 wt% A13313 0.25
KILLEX 12.5%+PCII 20% 85 wt% N65DW 15 wt% Atplus300 0.5
KILLEX 12.5%+PCIII 20% 50 wt% N65DW 50 wt% Atplus300 0.25
14 ** Phytoxicity scale from 0 to 10, 10 representing greatest
phytotoxicity
The results shown in Table 6 demonstrate that the ratio of oil to
16 emulsifier and the type of emulsifier used in the oil-emulsifier mixture
can affect
17 the phytotoxic effects of KILLEX in 0/W formulations according to
18 embodiments of the invention.
18

CA 02605092 2007-10-02
EXAMPLE 7
2 Effect of TRIMECO 0/W emulsion on the control of tropical sod webworms
3 Applicant has
found that TRIMECO 0/W emulsions, according to
4 embodiments of the invention described herein, are also effective to
control sod
webworms and fall armyworms in turfgrass.
6 Example 7
demonstrates the effect of the 0/W formulations
7 according to embodiments of the invention on killing tropical sod webworm
8 larvae on St. Augustinegrass.
9 The 0/W
formulation was prepared having a reduced rate of
TRIMECO (0.0625 gal/acre) containing 10% by weight of oil plus emulsifier. The
11 field trial was carried out at University of Florida on St. Augustine
grass. Ten
12 medium sized tropical sod webworm larvae per PVC ring were used, the
larvae
13 in the rings being retained outside on turfgrass for 4 days after the
application of
14 the 0/W emulsion. The 0/W emulsion was applied at a rate of 80 gal/acre.
Live
larvae numbers were counted four days after application. The results are
16 shown in Table 7 below.
17 Table 7
18
19 Live Tropical Sod Webworm larvae 4 days after treatment
Treatment # # live larvae - untreated # live larvae - 0/W herbicide emulsion
Control (4DAA) treated plot (4DAA)
1 4 2
2 4 0
3 7 2
4 7 1
5 4 5
6 5 1
7 7 5
8 5 1
9 6 3
mean 5.44 2.22
% control 0 59.18
19

CA 02605092 2007-10-02
1 The results in Table 7 demonstrate that TRIMEC formulated as
2 an 0/W emulsion according to an embodiment of the invention is effective
to
3 control sod webworms in turfgrass.

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Title Date
Forecasted Issue Date 2014-03-25
(22) Filed 2007-10-02
(41) Open to Public Inspection 2008-04-05
Examination Requested 2012-09-12
(45) Issued 2014-03-25

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Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
SUNCOR ENERGY INC.
Past Owners on Record
FEFER, MICHAEL
LIU, JUN
PETRO-CANADA
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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