Appeal No. 1996-0875
Application No. 08/169,918
1. A nondigestible fat composition useful as a
replacement for triglyceride fats or oil in foods, which
composition has a Solid Fat Content profile slope between 70<F
and 98.6<C [sic, 98.6°F] of from 0 to about -0.75% solids/<F
and which composition comprises:
A. a liquid nondigestible oil having a complete melting
point below about 37<C; and
B. nondigestible solid particles of a polyglycerol
ester dispersed in said oil in an amount sufficient to control
passive oil loss upon ingestion of said composition, said
nondigestible solid particles having a complete melting point
about 37<C, wherein the ester groups forming said polyglycerol
ester are formed from long chain fatty acid radicals with at
least about 40% of said long chain fatty acids being saturated
and having at least 18 carbon atoms, wherein said polyglycerol
esters have an Iodine Value of less than about 1, and wherein
said nondigestible particles serve to impart to said
composition a Thixotropic Area Value of about 10 kPa/sec or
greater.
17. A food product comprising an edible substrate and
form 10% to 100% of the nondigestible fat composition of Claim
1.
The reference of record relied upon by the examiner is:
Young et al. (Young) 5,085,884 February 4,
1992
The appealed claims stand rejected under the judicially-2
created doctrine of obviousness-type double patenting over
claims 1-50 in the Young patent.
2The appealed claims stand or fall together. See the
brief at page 4.
2
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