Appeal No. 1998-0787
Application No. 08/491,769
without a recirculation step exhibited brittle characteristics
and poor mouthfeel and spreadability.1
While appellants have provided comparative data
indicating that an improved product is prepared with a
recirculation step, we find that the limited data is hardly
commensurate in scope with the degree of protection sought by
the appealed claims.
In re Grasselli, 713 F.2d 731, 743, 218 USPQ 769, 778 (Fed.
Cir. 1983); In re Clemens, 622 F.2d 1029, 1035, 206 USPQ 289,
296 (CCPA 1980). In particular, although specification
Example 1 is limited to a formula of 68% fat comprising 46.8%
soybean oil and 20.2 wt.% interesterified hardstock-dry
fractionated interesterified mixture of fully hardened soybean
oil and liquid oil, 0.1 wt.% saturated distilled monoglyceride
and 0.22 wt.% lecithin, the fat continuous spreads within the
scope of claim 14 may have from about 30 to about 80% fat
based upon a hardstock fat prepared by randomly
interesterifying a mixture containing 30.75 wt.% of an oil in
1Appellants' statement at page 12 of the Brief that
"Sample 4, processed without the recirculation step, produced
a brittle product with more mouth feel and spreadability" is
an apparent misstatement with respect to the more mouthfeel
and spreadability.
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