Ex parte ROBERTS et al. - Page 2




          Appeal No. 96-1238                                                          
          Application 08/082,177                                                      


          of making a low saturated, low trans isomer beta stable                     
          shortening composition.  The subject matter on appeal                       
          comprises making a low saturate, low trans beta stable plastic              
          shortening from a composition which comprises (1) an edible                 
          oil, (2) a hardstock blend which consists essentially of (a) a              
          beta phase tending hardstock composition and (b) a beta prime               
          phase tending composition, 3) an emulsifier, and 4) 0 to 500                
          ppm of an antioxidant.                                                      
          Appellants have stated that all of claim 23-40 stand                        
          and fall together.  Claim 23 is illustrative and reads as                   
          follows:                                                                    
               23. A process for making a low saturate, low trans beta                
          stable plastic shortening comprising the steps of:                          
               1) fully melting and mixign at a temperature from about                
          120EF (49EC) to about 180EF (82EC) a mixture comprising:                    
                    a) an edible oil having less than 8% by weight of                 
          saturated fatty acids, wherein said edible oil comprises from               
          about 75% to about 90% by weight of said plastic shorening;                 
                    b) a hardstock blend having a beta stable                         
          crystalling phase consisting essentially of i)  from about 25%              
          to about 80% by weight, of a beta phase tending hardstock                   
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