Appeal 2006-2334
Application 09/909,913
37 through 42, 92 through 94, 97 through 101, and 103 for our
consideration. 35 U.S.C. §§ 6 and 134(a) (2002); 37 C.F.R. § 41.31(a)
(2005).
We reverse the decision of the Primary Examiner.
Claims 1 and 27 illustrate Appellants’ invention of a method of
treating food items comprising muscle protein, and is representative of the
claims on appeal:
1. A method of treating food items having individual muscle protein
fibers at least partially covered by a collagen protein layer, said method
comprising the step of pressing said food items using a pliable material
which conforms to and at least partially surrounds said food items during
said step of pressing, wherein pressure is applied to said food items in said
step of pressing using pliable material in a manner effective for rupturing
said collagen protein layer sufficiently to form an opening therethrough.
27. A method of treating food items, said food items comprising
muscle protein and said method comprising the step of pressing said food
items between a first layer of a pliable material having a first surface and a
second layer of a pliable material having a second surface, wherein said first
and second surfaces conform to and at least partially surround said food
items in said step of pressing and wherein an amount of pressure is applied
to said food items in said step of pressing in the range of from about 2 to
about 120 psig.
The Examiner relies on the evidence in these references:
Wittig GB 957,356 May 6, 1964
Nordin US 3,347,679 Oct. 17, 1967
Peterson US 4,467,497 Aug. 28, 1984
Gould US 4,657,771 Apr. 14, 1987
Margolis US 5,082,678 Jan. 21, 1992
Ludwig US 5,564,332 Oct. 15, 1996
2
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