Appeal No. 95-4485
Application 08/097,589
too much water is added, an oil-in-water emulsion is formed
such that the oil and yolk phases are difficult, if not
impossible, to separate, and teaches that after the shearing
in their method, the oil containing cholesterol is separated
easily from the mixture by centrifugation (page 5, lines 16-
25; page 6, lines 21-22). The examiner does not explain, and
it is not apparent, why
appellants’ disclosure does not describe their claimed method
sufficiently clearly that one of ordinary skill in the art
would have recognized in the disclosure a description of
appellants’ claimed method. Consequently, we do not sustain
the examiner’s rejection of appellants’ claimed invention as
lacking an adequate written description in appellants’
specification.
DECISION
The rejections of claims 1-15 under 35 U.S.C. § 112,
first paragraph, on the grounds that the specification fails
to provide an enabling disclosure and that the specification
as originally filed fails to provide adequate written
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