Appeal No. 95-0969
Application 07/945,586
rejection will be reversed.
Terada discloses a water-in-oil emulsion wherein the aqueous
phase is about 5-50 wt% of the emulsion (col. 1, line 65 - col.
2, line 6). The emulsion contains a polyhydric alcohol fatty
acid ester which is made using an unsaturated fatty acid or a
mixture of unsaturated and saturated fatty acids (col. 2, line 67
- col. 3, line 8). The preferred amount of unsaturated fatty
acid is at least about 50 wt% of the combined fatty acids, and
the unsaturated fatty acids which are disclosed as being suitable
include erucic acid (col. 3, lines 15-17 and 22-26). The
polyhydric alcohol unsaturated fatty acid ester is present in an
amount of 0.25 to 2.5 wt% of the emulsion (col. 3, lines 31-34).
To arrive at appellants’ polyglycerol fatty acid ester from
the teaching of Terada, one would have to: 1) select an amount of
unsaturated fatty acid which is at least 70 wt% of the combined
fatty acid, 2) select erucic acid from the eight listed
unsaturated fatty acids (col. 3, lines 22-26), 2) select a
polyglycerol, which is not among the polyhydric alcohols listed
by Terada (col. 3, lines 26-30), as the polyhydric alcohol, and
3) select an esterification ratio of 30-90%. In our view, the
teaching by Terada would not have fairly suggested this
combination of selections to one of ordinary skill in the art.
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