Appeal No. 2002-0523
Application No. 09/117,918
wherein R1CO is an acyl group having from 6 to 10 carbon atoms, a mixture of glycerol
and a methyl ester of the fatty acid of formula I, and triglycerides derived from the fatty
acid of formula I in a molar ratio of vegetable oil to transesterifying component of 1:(2.5
to 3.5) so that the di-/triglyceride mixture has a ratio of diglycerides to triglycerides of
from 1:3 to 1:6, a monoglyceride content of less than 5% by weight, and a cloud point
below +6°C.
The prior art references relied upon by the examiner are:
Menz 3,658,555 Apr. 25, 1972
Barsky GB 820,270 Sept. 16, 1959
Grounds of Rejection
Claims 7-10, 13, 16-19, 22, 25 and 26 stand rejected under 35 U.S.C. § 103(a)
as obvious over Barsky in view of Menz.
We reverse this rejection.
DISCUSSION
In reaching our decision in this appeal, we have given consideration to the
appellants’ specification and claims, to the applied references, and to the respective
positions articulated by the appellants and the examiner.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the noted rejections, we make reference to the examiner’s
Answer for the examiner’s reasoning in support of the rejection, and to the appellants’
Brief for the appellants’ arguments thereagainst. As a consequence of our review, we
make the determinations which follow.
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