Ex parte COVINGTON et al. - Page 5




          Appeal No. 95-2823                                                          
          Application No. 08/078,383                                                  


          maximum polyunsaturated fatty acid content (C +C ) of about                 
                                                       18:218:3                       
          3.4%; and (3) a maximum iodine value of about 83.6.                         
               We emphasize that, during hydrogenation of a canola oil,               
          the saturated fatty acid content increases, the                             
          polyunsaturated fatty acid content decreases, and the iodine                
          value decreases.  Unichema and Bansal disclose hydrogenating                
          canola oils.  Each reference discloses numerous hydrogenation               
          runs, and each reports the saturated fatty acid content, the                
          polyunsaturated fatty acid content, and the iodine value in                 
          products resulting from those runs.  The examiner does not,                 
          however, point to any portion or portions of Unichema or                    
          Bansal, including Figure 7 of Bansal, which would have led a                
          person having ordinary skill in the art to the claimed                      
          shortening having the specifically recited combi-nation of                  
          saturated fatty acid content, polyunsaturated fatty acid                    
          content and iodine value.  Again, during hydrogenation,                     
          saturated fatty acid content increases as polyunsaturated                   
          fatty acid content decreases and iodine value decreases.  On                
          this record, appellants and appellants alone describe the                   
          preparation of a shortening where the saturated fatty acid                  
          content, the polyunsaturated fatty acid content, and the                    

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