Appeal No. 1996-1224
Application 08/292,184
saturates, low in trans fatty acids, low in 16-carbon fatty
acids and which contain some polyunsaturated fats. See the
specifica-
tion at page 1, lines 22-26. A problem with providing such a
spread is that it tends to be a liquid at room temperature.
See the specification at page 1, lines 28 through 32. Another
problem is that some combinations of fat used in the making of
a spread may give rise to crystallization defects which result
in detrimentally affecting the organoleptic properties of the
spread. See the specification at page 3, lines 19-26.
Appellant essentially addresses these prior art problems by
providing a formulation utilizing olive oil as a major fat
component.
As evidence of obviousness of the subject matter
defined by appealed claims 1 through 6, the examiner relies on
the combined teachings of Poot, Gollan, admitted prior art,
and Potter. The crux of the examiner's obviousness rejection
is based on the examiner's contention that one of ordinary
skill in the art would "prepare the margarine of Poot
utilizing the fat composition of Gollan since such a
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