Appeal No. 1996-1224
Application 08/292,184
crystallization defects. The fat phase of the claimed edible
spread is further defined as having an oleic acid content of
45-80wt.%; a saturated fatty acid content of 5-20wt.%; a trans
fatty acid content of 0-10wt.%; and the 18-carbon fatty acid
content of 70-100wt.%. Further, the fat phase is defined as
having "an N-line as measured by NMR in the area: N = 15-20%,
10
N = 8-11%, N = 2-4% and N = 0-2%." Significantly,20 30 35
according
to appellant, the N-line values as recited in appealed claim 1
are not just characteristic of any type of margarine-type
spreads, but rather of a very specific type of spread which is
quite soft and easily spreadable at refrigerator temperature,
yet firm enough at 20 and 30E C not to melt at ambient
temperature. As further evident from appealed dependent claim
4, the fat phase of appellant's edible spread composition may
consist essentially of 40% olive oil, 20% rapeseed oil; 20%
soybean oil and 20% hydrogenated soybean oil.
By further way of background according to appellant,
consumers have shown a preference for fats which are low in
4
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