Appeal No. 1998-2941 Page 15
Application No. 08/061,985
Reexamination Control No. 90/003,682
Claim 20
Claim 20 reads as follows:
A packaged liquid whole egg product having a shelf life
of from about four to thirty-six weeks under refrigerated
conditions.
The examiner determined (answer, p. 8) that
Dunn et al discloses a liquid whole egg product which is
aseptically packaged and has an extended shelf life of
four weeks (e.g. col. 21, line 8 -col. 24, line 20).
The appellants argue (brief, pp. 158-159) that Dunn does
not disclose the elements of or enable the present invention.
The appellants' arguments are unpersuasive for the following
reasons. First, Dunn clearly discloses the product recited in
claim 20. Dunn teaches a packaged liquid whole egg product
(see column 21, line 7, to column 24, line 15; column 5, line
40, to column 6, lines 8; and the combination of claims 1 and
14) that provides an increase in shelf-life to over 28 days at
4°C. storage (see column 23, lines 62-64). Second, the
appellants have not submitted any evidence that Dunn is
nonenabling. In that regard, attorney's arguments in a brief
cannot take the place of evidence. In re Pearson, 494 F.2d
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