Appeal No. 95-2823
Application No. 08/078,383
page 5), giving appellants two months from the mailing date of
the Examiner's Answer to reply to the new ground (Answer,
page 6). Appellants did not reply to the new ground of
rejection within that period and, accordingly, the appeal with
respect to claim 10 is dismissed. This leaves claims 1
through 7 for our consideration.
The claimed invention relates to a shortening comprising
a partially hydrogenated plastic canola having three essential
properties: (1) a maximum saturated fatty acid content of
about 11.7%; (2) a maximum polyunsaturated fatty acid content
(C +C ) of about 3.4%; and (3) a maximum iodine value of
18:218:3
about 83.6. As stated in the Appeal Brief, paragraph bridging
pages 5 and 6, appellants are able to achieve a shortening
having the claimed properties because of their starting oil
IMC 01. This oil is derived from a particular Brassica napus
plant line, a Spring canola variety, developed by mutagenesis.
See the instant specification, page 3, last paragraph, for a
further description of appellants' starting oil. Claim 1,
which is illustrative of the subject matter on appeal, reads
as follows:
1. A shortening comprising a partially hydrogenated
plastic canola having a maximum saturated fatty acid content
-2-
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