Ex Parte MORIMATSU et al - Page 3


          Appeal No. 2002-2215                                                        
          Application No. 08/952,475                                                  

               As pointed out by the examiner (answer, pages 3-4), Giese              
          describes low-fat meat products that are believed to lower                  
          plasma-cholesterol levels in consumers.  (Page 100.)                        
          Specifically, Giese teaches ground beef patties containing 0 to             
          30% fat and isolated soy protein.  (Pages 101, 103.)  According             
          to Giese, various binders and extenders, including soy proteins             
          and plant (e.g., soybean) oils, may be added to compensate the              
          loss of juiciness and mouth feel when fat is reduced.  (Pages               
          102-03.)  The advantages of soy protein are said to be its ease             
          of use and familiarity, as well as its ability to provide a                 
          nutritionally complete protein.  (Page 103.)  With respect to               
          plant oils, Giese teaches (id.):                                            
               The replacement of beef fat with partially hydrogenated                
               plant oils was evaluated by Liu et al. (1991).  The                    
               rational of this replacement is that hydrogenated plant                
               oils have the advantage of being cholesterol-free and                  
               contain higher ratios of saturated to unsaturated fats                 
               compared to beef fat.  Corn, cottonseed, palm, peanut,                 
               and soybean oils were partially substituted for beef                   
               fat in low-fat ground beef patties to improve                          
               nutritional content.  The samples containing                           
               hydrogenated corn or palm oil were comparable to all-                  
               beef patties in cook loss and overall acceptance.                      
               Giese does not teach the relative amounts for each of the              
          components as recited in appealed claim 11.  Nevertheless, the              
          examiner held that “[f]inding the optimum amount and ratio of               
          vegetable oil, animal fat and soybean protein to be included in             
          the meat products would require nothing more than routine                   

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