Appeal No. 2006-1478
Application No. 09/970,014
hours). It is appropriate to here emphasize that, generally
speaking, it would have been obvious to determine an appropriate
value for an art-recognized, result-effective parameter, such as
emulsifier amount, to thereby achieve a desirable, acceptable
result. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934,
1936-37 (CCPA 1976); In re Boesch, 617 F.2d 272, 276, 205 USPQ
215, 219 (CCPA 1980); In re Aller, 220 F.2d 454, 456, 105 USPQ
233, 235 (CCPA 1955).
The composition resulting from the above discussed
combination of prior art teachings would satisfy all aspects of
the appealed claim 1 composition including the stability and
reversion characteristics recited in the last clause of the
claim. For the reasons set forth above, there is no persuasive
merit in the appellants’ argument that the applied references
would not have suggested such characteristics. Indeed, this
argument appears to conflict with clear record evidence that
salad dressing compositions of the prior art included stability
periods (i.e., before reverting back into a system with two
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