Ex Parte Naber et al - Page 2



                Appeal 2006-2468                                                                             
                Application 10/149,875                                                                       

                24, 41, and 61 stand objected to by the Examiner as depending from a                         
                rejected base claim, but have been indicated as allowable if rewritten in                    
                independent form including all the limitations of the base claim and any                     
                intervening claims.                                                                          
                      Appellants' invention relates to a reduced calorie fat composition and                 
                a food product containing (or prepared with) such a reduced calorie fat.  The                
                reduced calorie fat comprises an edible, substantially non-absorbable,                       
                substantially non-digestible polyol fatty acid polyester (PFAP) component                    
                and a reduced calorie triglyceride (RCT) component, each present in an                       
                amount within specified weight percent ranges.  See definitions provided at                  
                pages 4-6 of Appellants' specification.  The RCT component is alleged to                     
                function as an anti-anal leakage (AAL) agent and provide taste/textural                      
                benefits when employed with a PFAP component.  See, for example, page 1,                     
                first paragraph of appellants' specification.  Claim 1 is illustrative:                      
                      1.  A reduced calorie fat composition which comprises:                                 
                      a.  from about 65% to about 80% of an edible, substantially                            
                nonabsorbable, substantially nondigestible polyol fatty acid polyester                       
                comprising less than 3% solids at body temperature (37ºC) and which has a                    
                melting point less than or equal to 37ºC, and has at least 2 fatty acid ester                
                groups, wherein each fatty acid group has from 2 to 24 carbon atoms; and                     
                      b.  from about 20% to about 35% reduced calorie triglycerides                          
                selected from MMM, MLM, MML, LLM, LML and LLL triglycerides, and                             
                mixtures thereof; wherein M is a saturated fatty acid residue selected from                  
                                                                                                            
                amendment that was filed September 13, 2004.  The cancelled claims are not                   
                before us for review.                                                                        
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