Appeal No. 2005-2629
Application No. 10/377,474
13. An aqueous emulsion comprising
an omega-3 or omega-6 polyunsaturated lipid; and
at least about 0.5 percent soy protein, the amount of
soy protein in the emulsion effective for reducing the oxidation
of the omega-3 or omega-6 polyunsaturated lipids by at least 8
times as compared to a control emulsion stored for about the same
time and at about the same temperature with the same amount of
omega-3 or omega-6 lipids, wherein the control emulsion does not
have an oxidation stabilizer.
The examiner relies upon the following references in the
rejection of the appealed claims:
Chang et al. (Chang) 5,077,069 Dec. 31, 1991
Cope et al. (Cope) 5,700,782 Dec. 23, 1997
Blauel et al. (Blauel) 5,536,523 Jul. 16, 1996
Appellants' claimed invention is directed to a method for
reducing the rate of oxidation of omega-3 or omega-6 poly-
unsaturated lipids in an aqueous emulsion. The method entails
adding an effective amount of soy protein to the emulsion. The
claims are also directed to the stabilized emulsion itself.
According to appellants, the claimed invention allows "for the
formulation of food products containing healthful functional
ingredients, such as the omega-3 or omega-6 polyunsaturated
lipids, and have an extended shelf life that is feasible for
commercial applications and consumption" (page 3 of principal
brief, last paragraph).
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