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. 3Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007