Appeal No. 1996-0875
Application No. 08/169,918
We affirm.
The subject matter on appeal is directed to a
nondigestible fat composition useful as a replacement for
triglyceride fats or oils in foods and a food product
comprising an edible substrate (e.g. a potato chip) and the
nondigestible fat composition. See appealed claims 1 and 17
reproduced above. The claimed composition comprises a liquid
nondigestible oil and nondigestible solid particles of a
polyglycerol ester dispersed in the liquid nondigestible oil.
Importantly, for purposes of this appeal, the ester groups of
the polyglycerol ester making up the nondigestible solid
particles “are formed from long chain fatty acid radicals with
at least 40% of said long chain fatty acids being saturated
and having at least 18 carbon atoms” (appealed claim 1).
Additionally, the nondigestible particles “serve to impart to
said composition a Thixotropic Area Value of about 10 kPa/sec
or greater” (appealed claim 1).
The patented claims of the Young patent which are the
basis of the examiner’s obviousness-type double patenting
rejection define, in relevant part, the ester groups of a
polyol fatty acid polyester which make up the solid particles
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