Appeal No. 1999-0140
Application No. 08/622,953
The examiner’s above-quoted reasoning is also deficient
because it presumes that an artisan would have combined the
Hasman and Fick teachings in such a manner as to necessarily
result in a butter or fat of the type here-claimed. This is
incorrect. Neither Hasman nor the Fick references contain any
teaching or suggestion of making a butter having the
characteristics of the appellants’ claimed butter (or fat).
The only disclosure in these references concerning butter
characteristics constitutes Hasman’s teaching of producing a
butter having characteristics which differ in a number of
respects from those here-claimed as previously discussed.
Thus, it is clear that, in combining the applied
references, the artisan would have followed the teachings of
Hasman and therefore would have produced a butter having the
characteristics of patentee’s butter rather than those claimed
by the appellants.
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