Appeal No. 1998-2941 Page 17
Application No. 08/061,985
Reexamination Control No. 90/003,682
The appellants argue (brief, p. 159) that Dunn did not
conduct any functionality test on the resulting liquid egg
product but took only certain bacteria measurements to
estimate shelf life. As such, the appellants argue that there
is no evidence that the process of Dunn produced functionally
acceptable extended shelf life liquid whole egg product, as
required by the instant claims. We again agree with the
examiner (answer, p. 79) that there is nothing in the claims
concerning the packaged liquid whole egg product being
"functionally acceptable." Furthermore, the appellants have
not furnished any evidence that the packaged liquid whole egg
product of Dunn would not be "functionally acceptable."
The appellants further argue (brief, p. 159) that Dunn
used liquid whole egg which contained preservatives and had an
unspecified percentage of egg yolk removed. However, claim 20
does not exclude a liquid whole egg product which may contain
preservatives or have some egg yolk removed. Moreover, it is
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