Appeal No. 95-0459
Application No. 07/941,845
As to Eckey, a similar analysis applies. See Eckey,
column 2, lines 26 through 53. We find a comparable
disclosure of long chain saturated and unsaturated fatty acids
having 14 to 22 carbon atoms. See Eckey, column 2, lines 37-
52. Eckey
requires half of the hydroxyl groups of the carbohydrate
(sucrose) to be esterified with the above mentioned saturated
fatty acid. The balance however, can additionally be
esterified with unsaturated fatty acid or short chain fatty
acid. Furthermore, we find that none of the examples in either
of the references fall within the scope of the claimed subject
matter.
Based upon the above teachings we cannot agree with the
examiner that the claimed invention is anticipated by either
Baur or Eckey. In order to arrive at the claimed subject
matter, a person having ordinary skill in the art would have
to carefully pick and choose and combine various disclosures
among the teachings of both Baur and Eckey. Accordingly, none
of the disclosure of either patent relied upon by the examiner
can be said to constitute subject matter which is
substantially identical to appellants' invention. See In re
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