Appeal No. 2006-1478
Application No. 09/970,014
provide the salad dressing composition of Swisher with a
stabilizing agent, namely, Carraghenan iota motivated by the
desire to obtain emulsion stability in accordance with the
teachings of Errass. In this regard, the appellants state that
Swisher “appears to teach away from the present invention since
emulsifiers . . . are desired” (brief, page 9). To the 2
contrary, Swisher’s teaching (e.g., see lines 24-34 in column 2
and the compositions of the first Table in column 5) that his
salad dressing compositions optionally include emulsifiers (i.e.,
stabilizers; see footnote 2) militates in favor of providing this
composition with the carrageenan stabilizer taught by Errass.
As for the here claimed stability duration and reversion
characteristics, the record before us contains multiple sources
of evidence that the characteristics of emulsion stability and
its duration versus reversion of the emulsion into separate
phases were known in the prior art under consideration. For
example, as previously indicated, Errass describes a previous
2As a matter of clarification, the terms emulsifier, stabilizer
and emulsifying agent are synonymous and refer to a substance
which keeps the drops of an emulsion dispersed thereby giving
permanence or stability to the emulsion system. See the
paragraph bridging pages 266-67 of the Lowe reference.
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