Appeal No. 95-4485
Application 08/097,589
lines 16-23). The specification states that "[w]hen an oil-
in-water emulsion is formed it is extremely difficult, if not
impossible, to separate the oil and yolk phases" (page 5,
lines 23-25). In view of this statement, it is apparent that
the statement in specification that "[a]fter shearing, the oil
containing cholesterol is easily separated from the mixture by
centrifugation" (page 6, lines 21-22) indicates the absence of
an oil-in-water emulsion.
Appellants’ specification does not contain any other
teaching regarding the formation of oil-in-water-emulsions.
The specification includes eight examples, but the examples do
not state whether an oil-in-water emulsion is formed.
However, the
data in Exhibit A-4 of the Rule 131 declaration of Kijowski
and Lombardo (filed September 20, 1993, paper no. 26) indicate
that the ratio of oil to water in Examples 1-3 and 5-8 in
appellants’ specification is such that no oil-in-water
emulsion is formed in these examples.
The examiner argues that appellants’ specification is not
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