Appeal No. 1997-4259
Application No. 08/259,474
Like appellants (brief, pages 12-15), we are of the
opinion that the examiner has entirely misconstrued the scope
of the appellants’ admission on page 6 of the specification.
While appellants do concede that triglyceride compositions
like those of the invention "can be prepared using standard
methods known to those skilled in the art such as by reacting
pure, fully saturated fatty acids of the desired carbon length
with purified glycerol in an esterification reaction" and that
the resulting triglycerides are purified from the reaction
mixture by known techniques to provide a pure, non-
contaminated triglyceride, they have in no way admitted that
changing the viscosity to be that which is disclosed and
claimed in the present application is known in the art to be
achievable by any such method, as has been suggested by the
examiner. Nor has the examiner put forth any factual basis to
support a conclusion that any of the other characteristics set
forth in the claims subject to this rejection are known in the
art or would have been the natural result flowing from
producing a synthetic triglyceride by using the admittedly old
process mentioned by appellants. For these reasons, we will
not sustain the examiner’s rejection of claims 2
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