Appeal No. 2002-1103
Application No. 09/580,413
Alternatively, the natural stabilizer constitutes about 0.5-10
weight percent of the peanut butter and includes about 90-99.99
weight percent of non-modified fatty acids having a solid fat
index at about 10/C of about 30-80 percent and a solid fat index
at about 26.7/C of about 5-50. This appealed subject matter is
adequately represented by independent claims 1 and 78 which read
as follows:
1. A peanut butter containing all natural ingredients
comprising a substantially homogeneous mixture of peanut particles,
peanut oil and a natural stabilizer to stabilize oils in said
peanut butter, said natural stabilizer including at least about
75 weight percent fatty acids and less than about 4 weight percent
water, at least a majority of said fatty acids being non-modified
fatty acids, said natural stabilizer constituting about 3-10 weight
percent of said peanut butter.
78. A peanut butter containing all natural ingredients
comprising a substantially homogeneous mixture of peanut particles,
peanut oil and about 0.5-10 weight percent of a natural
stabilizer to stabilize oils in said peanut butter, said natural
stabilizer including about 90 - 99.99 weight percent non-modified
fatty acids and less than about 5 weight percent water, said non-
modified fatty acids having a solid fat index at about 10/C of
about 30 - 80 percent and a solid fat index at about 26.7/C of
about 5 - 50.
The references set forth below are relied upon by the Examiner
as evidence of obviousness:
Stockton 1,395,934 Nov. 1, 1921
Fisher 2,496,461 Feb. 7, 1950
Schumacher 6,153,250 Nov. 28, 2000
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