Appeal No. 1998-2229
Application 08/491,663
THE REJECTION
Claims 1-6 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Gunstone in view of Milo and List.
OPINION
We reverse the aforementioned rejection. We need to
address only claim 1, which is the sole independent claim.
The examiner relies upon Gunstone for the following
disclosures: stick margarine having a minimum of 80% fat (page
147), various combinations of fat products for use in stick
margarines (page 153), solids/fat indexes of stick margarines
(page 154), interesterification, direct blending of natural
fats, and combining fat and water phases as an emulsion (page
153), pumping the emulsion into a hold tank which feeds
Votator A and then B units (page 153), and tempering the
product (pages 153-54) (answer, pages 5-6).
The examiner argues that Gunstone differs from the
appellants’ claimed stick product in that Gunstone does not
disclose processing fats in a C-unit and does not disclose a
fat containing less than 10% trans fatty acid (answer, pages
-4-4
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