Appeal 2007-0211
Application 10/305,577
the w/o/w emulsion has an amount of water in the primary phase (W1)
and in the external aqueous phase (W2), and an amount of acidulant in
the primary phase (A1) and in the external aqueous phase (A2)
wherein W1 > W2 and A1 > A2 and further wherein the primary
phase comprises an emulsifier having an HLB of less than about 9 and
the w/o/w emulsion has a viscosity from about 10,000 to about
150,000 cps.
The Examiner relies upon the following references as evidence of
obviousness:
Schwartz US 4,447,464 May 8, 1984
Izzo US 4,882,187 Nov. 21, 1989
Henry G. Schwartzberg, Physical Chemistry of Foods, 264-65 (Inst. of Food
Technologists ed., 1992).
Appellant’s claimed invention is directed to a water-in-oil-in-water
emulsion (w/o/w emulsion). The emulsion comprises a primary phase
comprising a water-in-oil emulsion and an external aqueous phase. The
amounts of water and acidulant are greater in the primary phase than in the
external aqueous phase. Also, the primary phase comprises an emulsifier
having an HLB of less than about 9 and the w/o/w emulsion has a viscosity
within the recited range.
According to Appellant and the prior art, when less fat is used in an
emulsion for reduced-fat food, water and water soluble thickening agents
replace the fat, but make the emulsion more susceptible to toxic
microbiological growth. To combat such growth more acidulant is required
which, unfortunately, tends to produce an acidic or sour taste. According to
Appellant, the claimed w/o/w emulsion displays excellent stability and is
free of a sour taste.
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