Appeal No. 95-0459
Application No. 07/941,845
these references meet all of the criteria specified in
Appellants’ Claims”. See Brief, page 7. We agree. Although
the examiner states that the sucrose polyesters are
anticipated by Baur or Eckey and relies upon Baur, column 2,
lines 4-20 and Eckey, column 2, lines 24-54, we have
determined that each of the references is replete with
teachings which fall outside the scope of the claimed subject
matter.
We find that the SPE’s of Baur utilize long chain
saturated fatty acids of 14 to 22 carbon atoms, as compared
with 20 to 24 carbon atoms of the claimed subject matter. We
further find the remainder of the fatty acids present in the
SPE’s may contain up to 85% unsaturated fatty acids having
from 14 to 22 carbon atoms. See Baur, column 1, lines 66-69.
In contrast, unsaturated fatty acids are not contemplated by
appellants claimed subject matter. Furthermore, Baur
contemplates a minimum of only 3 esterified groups as compared
with a minimum of about 7 in the claimed subject matter. See
Baur, column 1, line 59 through column 2, line 20. Moreover,
there is no contemplation of the melting point limitation of
47 C required by the claimed subject matter.0
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