Appeal No. 1996-0875
Application No. 08/169,918
(which are combined with a liquid nondigetible oil containing
fat composition of a food) as comprising “a combination of:
(a) C or higher unsaturated fatty acid radicals, C -C12 2 12
saturated fatty acid radicals or mixtures thereof, and (b) at
least about 15% C or higher saturated radicals, wherein the
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molar ratio of (a) to (b) radicals is from about 1:15 to about
2:1.” See patented claim 1 of Young.
We do not agree with appellant (brief, page 5) that the
ester groups forming the solid polyglycerol ester particles of
the fat composition defined by the appealed claims are
significantly different from the corresponding ester groups of
the polyol fatty acid polyester required by the patented
claims of Young. Indeed, when the Young (a) to (b) ratio of
fatty acid radicals is about 1:15, the ester groups forming
Young’s solid polyol fatty acid polyester are made up of
predominantly “C or higher saturated fatty acid radicals
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(emphasis added)” and thus meet the terms of appellants’
claims that require the solid particles to be 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 (emphasis added).” As evident from the
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