Appeal No. 2002-2215
Application No. 08/952,475
representative claim 11 reproduced below:
11. A meat product containing as lipids
approximately the same content of vegetable oil and
animal fat, said meat product comprising:
(a) a fat content of less than half of that
present in conventional meat products, and
(b) 8 to 10g of soy protein isolate per 100g of
meat product,
wherein the meat product possesses a plasma-
cholesterol-suppressing property.
The examiner relies on the following prior art references as
evidence of unpatentability:
Helmer et al. 3,309,204 Mar. 14, 1967
(Helmer)
Bonkowski 5,164,213 Nov. 17, 1992
James Giese, “Developing Low-Fat Meat Products,” Food Technology,
Apr. 1992, at 100-08.
Claims 3, 4, 7, 10 through 13, 16, and 17 on appeal stand
rejected under 35 U.S.C. § 103(a) as unpatentable over Giese.
(Examiner’s answer mailed Apr. 30, 2002, paper 21, pages 3-4.)
Separately, claims 3, 4, 7, 10 through 13, 16, and 17 on appeal
stand rejected under 35 U.S.C. § 103(a) as unpatentable over the
combined teachings of Bonkowski and Helmer. (Id. at page 4.)
We affirm these rejections.1
The Rejection Based on Giese
1 The appellants submit that the appealed claims stand or
fall together. (Appeal brief filed Jan. 11, 2002, paper 20, p.
3.) We therefore confine our discussion to claim 11, the sole
independent claim on appeal. 37 CFR § 1.192(c)(7)(1997).
2
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