Appeal No. 1996-1224
Application 08/292,184
4. An edible spread according to claim 1 consisting
essentially of from 55-65% by weight of a fat phase and 45-35%
by weight of an aqueous phase, the fat phase consisting
essentially of 40% olive oil, 20% rapeseed oil, 20% soybean
oil and 20% hydrogenated soybean oil.
The references of record relied upon by the examiner
are:
Poot et al. (Poot) 4,087,564 May 2, 1978
Gollan, "Utilization of animal fats in margarine production,"1
Boletin Tecnico Labal, 2(4), 2-6 (1981)
Potter, Food Science, 442, AVI Publishing Co., Inc., Westport,
CT (2nd ed., 1973)
The appealed claims stand rejected under 35 U.S.C.
§ 103 as unpatentable over Poot in view of Gollan, admitted
prior art, and Potter.
We cannot sustain the stated rejection.
The subject matter on appeal is directed to an
edible spread, e.g., a margarine, comprising from 80-50wt.%
vegetable fat and 95-20wt.% of an aqueous phase dispersed in
the fat further characterized by a freedom from animal fat and
1A full copy of this Spanish publication is not of
record. The examiner relied upon an English abstract of the
publication throughout prosecution of the application.
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