Appeal No. 1999-0140
Application No. 08/622,953
butter, said elaidinized hard butter has a melting point
between about
90 F. and human body temperature and exhibits a solid fato
index (SFI) profile having a steep slope approximating
that of lauric fat hydrogenated palm kernel oil having a
melting point of about 92 F., said elaidinized hardo
butter also having a fully saturated fat content of not
greater than about 10% by weight, based upon the total
weight of the elaidinized hard butter, and said
elaidinized hard butter has an Iodine Value of at least
about 75.
The references relied upon by the examiner as evidence of
obviousness are:
Hasman 4,134,905 Jan. 16,
1979
Fick (Fick ‘192) 4,627,192 Dec. 9,
1986
Fick (Fick ‘402) 4,743,402 May 10,
1988
All of the appealed claims are rejected under 35 U.S.C.
§ 103 as being unpatentable over Hasman in view of Fick ‘192
or Fick ‘402.
These rejections cannot be sustained.
According to the examiner, “[i]t would be [sic, would
have been] obvious to one of ordinary skill in the art to
hydrogenate the fat of Fick by the process of Hasman in order
to prepare a high elaidic hard butter” (answer, page 4). Even
assuming this contention by the examiner is correct, the
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