Appeal No. 94-0591
Application 07/755,610
unsaturated oils useful in formulating his oil-in-water emulsions
also may include (Wruble, col. 2, l. 10-19; emphasis added):
. . . olive, palm, cottonseed, peanut, soybean, sesame,
corn, sunflower seed, linseed, rapeseed, sardine,
menhaden, tung, safflower, poppyseed, rice bran, almond,
wheat germ oils, and the like. Oily dispersions of the
unsaturated fatty acids can be used. In the present
preparation it is preferred to use the edible unsaturated
oils having substantial percentages of linoleic acid, for
example, soybean oil, safflower oil, corn oil, sunflower
seed oil, and mixtures thereof.
The examiner should consider whether Wruble would have
“described” an invention encompassed by Claim 2 on appeal to
a person having ordinary skill in the art within the meaning of
the term in 35 U.S.C. § 102(a) and (b). The examiner should
ascertain in the first instance whether or not Wruble’s
disclosure of mixtures of edible unsaturated oils “having
substantial percentages of linoleic acid” (Wruble, col. 2, l.
17), preferably “soybean oil, safflower oil, corn oil, sunflower
seed oil, and mixtures thereof” (Wruble, col. 2, l. 18-19),
inherently describes “a mixture of long-chain fatty acids in
which 15 to 45% by weight of the total fatty acids are essential
fatty acids” (Claim 1) and accordingly placed an invention within
the scope of appellant’s claims in the possession of the public.
The record is unclear on this issue.
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