Ex parte CHRYSAM et al. - Page 2




          Appeal No. 95-3328                                                          
          Application 07/794,764                                                      


          and 4 through 24, all the claims pending in the application.                
               As a preliminary matter we acknowledge the appellants’                 
          request for a postponement of the oral hearing originally set               
          for May 6, 1998.  However, during a conference held by this                 
          merits panel in preparation for said hearing, it was                        
          determined that an oral hearing would not be necessary in view              
          of our disposition of the issues on appeal.                                 
               The three independent claims, claims 1, 12 and 22, are                 
          illustrative of the subject matter on appeal and read as                    
          follows:                                                                    
               1.  A fat product having a solids content at 80EF of at                
          least about 4% and a solids content of at least about 1% at                 
          92EF consisting essentially of an interesterified blend of                  
          high stearic soybean oil and another oil or fat.                            
               12.  A fat product comprising an interesterified blend of              
          at least about 50% high stearic soybean oil and another oil or              
          fat, said blend having a solids content at 80EF of at least                 
          about 6% and a solids content at 92EF of at least about 1%,                 
          and containing essentially no hydrogenated fat.                             
               22.  A fat product comprising a blend of at least about                
          75% high stearic soybean oil and another oil, said blend                    
          having been interesterified in the presence of 1,3-specific                 
          lipase under conditions effective to achieve a solids content               
          of at least about 6% at 80EF and at least about 1% at 92EF,                 
          and containing essentially no hydrogenated fat.                             
               The references relied on by the examiner are:                          
          List et al. (List), “‘Zero Trans’ Margarines: Preparation,                  
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