Appeal No. 1998-0787
Application No. 08/491,769
which at least 20% of the fatty acid residues consists of
linoleic acid and 25-70 wt.% of a fat in which at least 80% of
the fatty acid residues is saturated. In addition, the oil
can be any one of soybean oil, sunflower oil, fish oil,
rapeseed oil, coconut oil and mixtures thereof in any relative
proportion. Consequently, based on the extensive breadth of
claim 14, we are not satisfied that appellants' Example 1
establishes that the myriad of fat continuous spreads
encompassed by claim 14 are patentably distinct from the fat
continuous spreads of the prior art. Appellants have not
shouldered their burden of establishing that the specification
results may be reasonably extrapolated to the large class of
fat continuous spreads embraced by appealed claim 14. In re
Kollman, 595 F.2d 48, 55, 201 USPQ 193, 198 (CCPA 1979).
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED
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