Ex parte KLEMANN - Page 4




          Appeal No. 93-2111                                                          
          Application 07/630,452                                                      


               Ester                                                                  
               Distribution            %                   %                          
               Octa                94.5                79.0                           
               Hepta               5.6                 19.2                           
               Hexa                0.0                 1.8                            
               Penta               0.1                 0.1                            
               <Penta              0.1                 0.1                            
               Mattson discloses (col. 1, lines 24-29):                               

                    [N]ovel fat-containing food compositions                          
                    where the fat or a portion thereof comprises                      
                    certain compounds which have the physical                         
                    properties of ordinary triglyceride fat but                       
                    which are comparatively less digested or                          
                    absorbed and thus are relatively low in                           
                    available calories.                                               

          The low calorie fat materials disclosed in Mattson are sugar or             
          sugar alcohol fatty acid esters (col. 2, lines 39-40).  According           
          to Mattson (col. 3, lines 42-64):                                           
                    [S]ugar or sugar alcohol fatty acid ester                         
                    compounds that contain four or more fatty                         
                    acid ester groups are digested to a lesser                        
                    extent and thus have the desired low calories                     
                    properties for use in this invention.  It is                      
                    not necessary that all of the hydroxyl groups                     
                    of the sugar or sugar alcohol compound be                         
                    esterified with fatty acid but it is                              
                    preferable that the compound contain no more                      
                    than 2 unesterified hydroxyl groups.  Most                        
                    preferably, all of the hydroxyl groups of the                     
                    sugar or sugar alcohol are esterified with                        
                    fatty acid, i.e., the compound is                                 
                    substantially completely esterified. . . .                        
                         . . . .  Sucrose tetra fatty acid ester                      
                    would be suitable but is not preferred                            
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