Ex parte SWARTZEL et al. - Page 21




          Appeal No. 1998-2941                                      Page 21           
          Application No. 08/061,985                                                  
          Reexamination Control No. 90/003,682                                        


               The examiner determined (answer, p. 8) that                            
               Either one of the News and Observer article or the PSA                 
               reference discloses an aseptically packaged liquid whole               
               egg having a refrigerated shelf life of up to three                    
               months.                                                                
               We agree with the examiner that the News & Observer                    
          article and the PSA abstract disclose every feature of claim                
          20.                                                                         


               The appellants argue (brief, pp. 161-164) that the News &              
          Observer article and the PSA abstract are not enabling                      
          disclosures.  The appellants' arguments are unpersuasive since              
          the appellants have not submitted any evidence that the News &              
          Observer article and the PSA abstract are nonenabling.  Thus,               
          the appellants have not met their burden of establishing that               
          the News & Observer article and the PSA abstract are                        
          nonenabling.                                                                


               The appellants argue (brief, p. 164) that the examiner's               
          application of the PSA abstract in the present application is               
          inconsistent with the treatment of claims in the related                    
          reissue application (Application No. 07/880,899).  Such                     







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