Appeal No. 1998-0787
Application No. 08/491,769
Frank D. Gunstone et al. (Gunstone), Lipids in Foods
Chemistry, Biochemistry and Technology 147-55 (Pergamon Press,
New York 1983)
The allowed claims in the present application are
directed to a process for preparing a fat continuous spread
which shortens residence time and increases crystallization
rate wherein the beta prime crystals are recirculated into the
partially crystallized cool emulsion which is in the alpha
phase. Claim 14 on appeal is directed to the fat continuous
spread produced by the process defined by allowed claim 12.
According to appellants, the claimed spread has good spreading
and organoleptic characteristics and "contains a relatively
high proportion of unsaturated fatty acids, but a relatively
low proportion of trans fatty acid" (page 7 of Brief).
Appealed claim 14 stands rejected under 35 U.S.C. § 103
as being unpatentable over Wheeler in view of Havenstein and
Gunstone.
We have thoroughly reviewed each of appellants' arguments
for patentability, as well as the specification data relied
upon in support thereof. However, we find that the examiner's
rejection is free of reversible error.
Based on appellants' specification and the arguments
presented in appellants' Brief, the principal distinction
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