Appeal No. 93-2111
Application 07/630,452
1. A food composition comprising a fat mimetic comprising
at least 35% by weight of the mixture of sucrose tetra- to hexa-
fatty acid esters and at least one additional food material.
The references relied upon by the examiner are:
Mattson et al. (Mattson) 3,600,186 Aug. 17, 1971
Bernhardt (European Patent 0 233 856 Aug. 26, 1987
Application)
The only issue in this appeal is whether claims 1-23 were
properly rejected under 35 U.S.C. § 103 as being unpatentable
over European Patent Application 233,856 (EPA '856) in view of
Mattson. We cannot sustain the rejection.
The claimed subject matter is directed to a fat mimetic
comprising at least 35% by weight of a mixture of sucrose tetra-
to hexa- fatty acid esters in combination with at least one
additional food material. According to appellants, many prior
art fat substitutes are combined with anti-anal leakage agents to
eliminate an undesirable laxative side effect caused by the fat
substitutes. The claimed sucrose polyesters are said to
eliminate the need for anti-anal leakage agents.
EPA '856 discloses a fat substitute comprising a mixture of
sucrose fatty acid polyesters which is also said to avoid a
laxative side effect without the use of anti-anal leakage agents
2
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