Appeal No. 2006-1478
Application No. 09/970,014
details regarding this appealed subject matter are set forth in
representative independent claim 1 which reads as follows:
1. A composition with two visible layers and comprising
(based on the total composition):
- a liquid fat phase in an amount of 20 - 80 wt %
- a water phase in an amount of 80 - 20 wt % with
dissolved therein a thickener,
- particulates, pastes, powders, extracts, or other
physical entity obtainable from the fruit of
plants of the genus Capsicum in am amount of at
least 0.01 % (dry weight %/ total weight),
wherein said thickener comprises 0.01 - 1 % (dry
weight %/total weight) of carrageenan, and further
wherein such composition gives upon shaking by hand an
oil-in-water emulsion which is stable for a period of
up to 30 seconds to 360 minutes, the composition
reverts thereafter back into a system with two visible
layers.
The references set forth below are relied upon by the
examiner as evidence of obviousness:
Swisher 3,615,702 Oct. 26, 1971
Errass et al. (Errass) 4,497,843 Feb. 5, 1985
Lowe, “Emulsions,” Experimental Cookery, pp. 266-75 (2 Ed.,nd
John Wiley & Sons, Inc., New York, 1937).
2
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