Appeal No. 95-2823
Application No. 08/078,383
of about 11.7%, a maximum polyunsaturated fatty acid content
(C +C ) of about 3.4%, and a maximum iodine value of about
18:218:3
83.6.
The references relied on by the examiner are:
J. D. Bansal et al. (Bansal), "Effect of Hydrogenation on the
Chemical Composition of Canola Oil," 47 Journal of Food
Science 1338-44 (1982)
Unichema International (Unichema), Hydrogenation of Canola
Oil, Pricat 9920 (1992)
The issue presented for review is whether the examiner
erred in rejecting claims 1 through 7 under 35 U.S.C. § 103 as
unpatentable over "Unichema alone or in view of Bansal"
(Answer, page 3). For the reasons set forth below, we reverse
the examiner's prior art rejections.
DISCUSSION
Independent claim 1 requires that the shortening have a
maximum polyunsaturated fatty acid content (C +C ) of about
18:218:3
3.4%. Acknowledging that Unichema does not disclose "the
particular extent of unsaturation" recited in claim 1, never-
theless, the examiner relies on Bansal, Figure 7, to reach
that feature. See the Examiner's Answer, page 4, lines 7
through 12; and page 5, section (11) entitled "Response to
argument," lines 4 through 9 thereunder. This being the case,
we summarily reverse the rejection of claims 1 through 7 under
-3-
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