Appeal No. 1996-2571
Application 08/119,058
the examiner states that “no assertion of criticality for the
particular proportions of the instant claims has been
established.” The examiner concludes that “[i]t would have
been obvious to one of ordinary skill in the art at the time
the invention was made, having the above references before him
to vary the proportions of the various glycerides since such
preparations are taught and fat compositions having the
essentially same compositions are disclosed.” Answer, page 5,
lines 7-13.
6. In response to appellant’s arguments, the examiner
states that in the case where the claims require only
glyceride system A, “it has not been shown that the
appellant’s weight percentages of mono-, di- and triglycerides
have any unexpected effect on the result obtained i.e. a
skilled artisan would expect
a varied viscosity when forming fatty emulsions or
compositions using differing amounts of mono-, di- and tri-
glycerides (For example, see SCHEUFFGEN et al. . .).” Answer,
paragraph bridging pages 5 and 6. However, as stated in item
3 above, neither Lin nor Uemura discloses or suggests any
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