Appeal 2006-2468
Application 10/149,875
C6 to C10 saturated fatty acids, and mixtures thereof; wherein L is a saturated
fatty acid residue selected from C18 to C24 saturated fatty acids and mixtures
thereof; wherein the reduced calorie triglycerides comprise: (1) at least about
85% combined MLM, MML, LLM and LML triglycerides; (2) up to about
15% combined MMM and LLL triglycerides, and wherein the fatty acid
composition of the reduced calorie triglycerides comprises: (1) from about
10% to about 70% C6 to C10 saturated fatty acids; (2) from about 30% to
about 90% C18 to C24 saturated fatty acids; and (3) from about 20% to about
80% C20 to C24 saturated fatty acids.
The Examiner relies upon the following reference in rejecting the
appealed claims:
Seiden US 5,419,925 May 30, 1995
Claims 1-6, 8-22, 25-40, 42-53, 60, and 62-69 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Seiden. Claims 1-6, 8-22, 25-40,
42-53, 60, and 62-69 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Seiden.2
This merits panel of the Board unanimously affirms the Examiner’s
§ 103(a) rejection for reasons set forth in the Answer and in this Decision.
In contrast, the Examiner’s § 102 rejection is reversed with Judge Garris and
Judge Timm voting to reverse and Judge Kratz voting to affirm. Separate
majority and minority opinions focusing primarily on the Examiner’s § 102
rejection follow the discussion of the obviousness rejection.
2The cancelled claims 54-59 are not reproduced throughout our discussion of
the Examiner’s and Appellants' opposing positions herein.
3
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