Appeal No. 1999-0675 Page 2
Application No. 08/379,803
THE INVENTION
According to Appellants, the invention relates to a non-nutritive, fat-like agent for use in
the preparation of low-calorie food compositions (specification at 1, ll. 4-5). Claim 1 is
illustrative:
1. A composition comprising dry, water-dispersible particles, said particles consisting
essentially of an agglomerate of components comprising microreticulated or microfibrillated
microcrystalline cellulose in a predominant amount by weight, and a hydrocolloid selected from
a [sic] the group consisting of carboxymethylcellulose and xanthan gum in an amount sufficient
to provide effective coverage of the cellulose, which agglomerate readily disperses in water into
its component parts under aqueous food-processing conditions.
THE EVIDENCE
As evidence of unpatentability, the Examiner relies upon the following prior art
references:
McGinley et al. (McGinley) 5,192,569 Mar. 9, 1993
(filed Dec. 18, 1991)
Concise Encyclopedia Chemistry 437 (Mary Eagleson trans., 1994)(Encyclopedia)
THE REJECTIONS
Claims 1-13 stand rejected under 35 U.S.C. § 102(e) as being anticipated by McGinley
and under the judicially-created doctrine of obviousness-type double patenting as unpatentable
over claims 15 and 21 of McGinley in view of the Encyclopedia (Answer at 3-5). We reverse for
the following reasons.
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