Appeal 2006-2130
Application 10/236,111
Schul, the patent publication does not teach that providing oleic acid
contents above 80 percent results in an unworkable solubility, as Appellant
seems to suggest (Br. 3-4). Rather, Schul (para. 0010) teaches that
esterification increases plant sterol solubility. Moreover, Schul (para. 0018)
discloses/suggests that the esterified sterol using MUFAs as the ester moiety,
such as those inclusive of the here claimed oleic acid content, has the
additional advantageous property of remaining clear and uncloudy when
mixed with other clear edible oils.
As a final point, we note that Appellant has not argued, much less
furnished persuasive evidence to establish, that the representative claim 1
composition is attended by unexpected results.
On this record, we shall sustain the Examiner’s obviousness rejection.
CONCLUSION
The decision of the Examiner to reject claims 1-20 under 35 U.S.C. § 103
(a) as being unpatentable over Schul as further evidenced by Baileys and
Olive Oil Chemistry is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 CFR § 1.136(a).
AFFIRMED
sld
JEFFREY J. SKELTON
P.O. BOX 5624
MINNEAPOLIS, MN 55440
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