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Ex parte KOJI MATSUDA et al. - Page 4Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte KOJI MATSUDA et al. - Page 4
Appeal No. 95-0969
Application 07/945,586
To remedy the deficiency in Terada, the examiner relies upon
Yokobori. This reference teaches that blooming of chocolate can
be reduced by adding to hard butter used to make the chocolate,
0.05 to 20 wt% of a polyglycerol fatty acid ester which is made
using saturated or unsaturated fatty acids having up to 24
carbons and which has an average of four or more moles of fatty
acid bound to polyglycerol having an average of five or more
hydroxyl groups (col. 1, line 61 - col. 2, line 21; col. 3, lines
8-11). Yokobori states that it is preferred that all of the3
hydroxyl groups of the polyglycerol are esterified, but indicates
that fewer of the hydroxyl groups can be esterified (col. 2,
lines 22-35).
The examiner asserts that Yokobori discloses use of
polyglycerol fatty acid esters as emulsifiers (answer, page 4).
As pointed out by appellants (reply brief, page 3), Yokobori
teaches that it was known in the art to use emulsifiers in
chocolate (col. 1, lines 17-19), but does not indicate that the
polyglycerol fatty acid ester added to hard butter according to
his invention serves as an emulsifier. Thus, the examiner has
3According to appellants, “blooming” is the formation of
white powder on the surface of chocolate during storage and is
considered to be due to growth of fine crystals of oil fat in the
chocolate (brief, page 12).
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