Appeal No. 95-3328
Application 07/794,764
Structure, and Properties of Interesterified Soybean Oil-Soy
Trisaturate Blends,” Journal of the American Oil Chemists’
Society, vol. 54, pp. 408-413 (1977).
Miller et al. (Miller), “High-Temperature Stabilities of Low-
Linolenate, High Stearate and Common Soybean Oils,” Journal of
the American Oil Chemists’ Society, vol. 65, pp. 1324-1327
(1988).
Claims 1, 2, and 4 through 24 stand rejected under 35
U.S.C.
§ 103 as being unpatentable over List in view of Miller. We
reverse.
OPINION
It is apparent from the independent claims set forth
above, that all of the claims on appeal require that the fat
product have a solids content of at least 4% or 6% at 80EF,
and at least 1% at 92EF.
However, the examiner states on p. 4 of the Answer that
It is appreciated that the particular melting properties
of the product are not recited [in the applied prior art]
however, with regard to claims 1 and 2, these are
preamble limitations carrying no weight in product
claims.
We find that this reading of the referenced limitations
out of the claims constitutes clear error on the part of the
examiner. In re Geerdes, 491 F.2d 1260, 1262, 180 USPQ 789,
3
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