Appeal No. 2005-0808 Page 2
Application No. 09/863,439
Snyckers et al. (Snyckers) 4,752,606 Jun. 21, 1988
Kang et al. (Kang) 5,948,460 Sep. 7, 1999
Mishurova et al. (Mishurova) SU 0 827 066 B May 7, 1981
(English language translation from the original Russian language document)
Claims 1, 2, 5-14 and 17-23 stand rejected under 35 U.S.C. § 103 as
unpatentable over Kang, Snyckers and Mishurova.
We reverse.
DISCUSSION
According to the specification, ursolic acid and oleanolic acid “are known for their
health effects,” and “can be obtained by extracting natural sources like fruit skins or
herbs . . . in amounts of about 5-50% and in weight ratios [of 1:99 to 99:1]. However,
these extracts have . . . a severe negative off flavor” (Specification, page 1). In
developing a mixture “containing sufficient amounts of ursolic acid and oleanolic acid to
[be] useful for application in foods as [a] health component,” appellants found that “the
negative off flavor of the ursolic/oleanolic acid mixture is due to the presence of natural
apolar and/or low molecular weight components in the natural extracts” (id.). “The
apolar and/or low molecular weight components were found to be . . . hydrocarbons,
alcohols, fatty acids, triglycerides, ketones and carbohydrates” (id., page 2), which could
be removed from the mixture through a series of extractions and crystallizations (id.,
pages 6-9).
In its broadest aspect, the claimed invention is directed to a composition
comprising 5-80 wt % glyceride (with a solid fat content of 5-90 at 5°C, 2-80 at 20°C,
and less than 15 at 35°C) blended with a mixture of ursolic acid and oleanolic acid,
wherein the mixture of ursolic acid and oleanolic acid is isolated from fruit skins and
contains “less than 20 wt % of the natural apolar and/or low molecular weight
components present in natural extract for ursolic acid and oleanolic acid which provide
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