Appeal No. 96-1238
Application 08/082,177
re Rinehart, 531 F.2d 1048,1052, 189 USPQ 134,147 (CCPA 1976).
In our view, the examiner has failed to establish
the requisite burden of proof. Reid et al is directed to a
process of making an aerated shortening. Reid et al teaches
the blending of a partially hydrogenated soybean oil (Aedible
oil@) having an I.V. of 65 to 125 (col. 2, line 67) with a
nearly fully hydrogenated cottonseed oil (Abeta prime phase
tending hardstock@) with an I.V. of 0 to 40 (col. 2, line 68).
Reid does not teach the inclusion of a beta phase tending
hardstock, the requisite amount of base oil, the requisite
proportions of the beta phase tending hardstock and the beta
prime phase tending hardstock, and the specific percent of the
Beta stable crystalline phase hardstock blend within the
shortening composition
The examiner notes that the appellants claims differ from
Reid only in the recitation of particular fats which are
processed and in the recitation of the use of a scraped wall
heat exchanger. The examiner relies on Gunstone on to teach
that the various crystal habits of fats and oils as being beta
prime or beta type as well as the teaching of a votator unit
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