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Ex parte KOJI MATSUDA et al. - Page 2Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte KOJI MATSUDA et al. - Page 2
Appeal No. 95-0969
Application 07/945,586
THE INVENTION
Appellants claim a water-in-oil emulsion which, appellants
state, has a high water content and excellent emulsion stability
(specification, page 1). Claim 1 is illustrative and reads as
follows:
1. A water-in-oil emulsion comprising an aqueous phase and
a fat phase in a weight ratio of the aqueous phase to the fat
phase of from 50/50 to 80/20 and containing a polyglycerol fatty
acid ester which is added to the fat phase in an amount of from
0.1 to 5% by weight based on the total amount of the emulsion,
which has erucic acid accounting for at least 70% by weight of
its fatty acid component, and which has a mean esterification
ratio of from 30 to 90% .
THE REFERENCES
Terada et al. (Terada) 3,939,290 Feb. 17, 1976
Yokobori et al. (Yokobori) 4,847,105 Jul. 11, 1989
THE REJECTION
Claims 1, 3, 5-7, 10 and 11 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Terada in view of Yokobori.2
OPINION
We have carefully considered all of the arguments advanced
by appellants and the examiner and agree with appellants that the
aforementioned rejection is not well founded. Accordingly, this
2The rejection under 35 U.S.C. § 103 over U.S. Patent
No. 3,914,458 to Terada et al. in view of Yokobori has been
withdrawn (answer, page 5).
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