Appeal No. 1998-2229
Application 08/491,663
5-6). The examiner relies upon Milo for a teaching of using a
C-unit for crystallization and phase inversion of a water-in-
oil emulsion in the production of edible spreads (col. 1,
lines 6-21), and List for a disclosure of a stick margarine
with zero trans interesterified fats (page 383) (answer, pages
5-6).
The appellants argue that List’s interesterified soy bean
oil-trisaturate blends are outside the scope of the oil-fat
blends encompassed by the appellants’ claims (brief, page 12).
The examiner argues that modifying List’s composition such
that the appellants’ composition is obtained would have been
within the ability of one of ordinary skill in the art
(answer, page 6). The relevant issue regarding obviousness,
however, is not whether one of ordinary skill in the art would
have had the ability to modify the List composition such that
the appellants’ composition is obtained but, rather, whether
the applied prior art would have provided one of ordinary
skill in the art with both a suggestion to make that
modification and a reasonable expectation of success in doing
so. See In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d
-5-5
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