Ex parte MERCHANT et al. - Page 3




          Appeal No. 1996-3537                                                        
          Application No. 08/302,596                                                  


               Claim 1 is representative of the subject matter on appeal              
          and reads as follows:                                                       
               Claim 1.  A method for producing a microcapsule flavor                 
          delivery system comprising:                                                 
               (a) providing a mixture of a flavoring material selected               
          from the group consisting of an oil soluble flavor dissolved                
          in an oil and an o/w emulsion flavor and a protein solution;                
               (b) subjecting said mixture to low shear mixing to                     
          provide an o/w pre-emulsion;                                                
               (c) subjecting said pre-emulsion to high shear mixing or               
          sonication to provide an o/w emulsion having a coating of                   
          protein around the internal oil droplets;                                   
               (d) mixing the o/w emulsion with a liquified hard fat                  
          which is solid at room temperature to provide an o/w/o                      
          emulsion; and                                                               
               (e) atomizing the o/w/o emulsion onto a planar surface or              
          into a fluid to provide microcapsules having a flavoring                    
          material in the internal oil phase, said microcapsules having               
          a particle size of from about 20 microns to about 200 microns.              
               As evidence of obviousness, the examiner relies on the                 
          following prior art:                                                        
          Moran et al. (Moran)          0 076 549                Apr. 13,             
          1983                                                                        
          (Published European Patent Application)                                     
               Claims 1 through 8 and 10 through 12 stand rejected under              
          35 U.S.C. § 103 as unpatentable over the disclosure of Moran.               
               We reverse.                                                            

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