Appeal 2007-1896
Application 10/223,864
I. BACKGROUND
The invention relates to a method for preparing raw shellfish such as
oysters. The method reduces the amount of bacterial and viral
contamination in the shellfish. The method involves steps of heating,
freezing, and glazing. Claim 1 is illustrative of the subject matter on appeal:
1. A new and improved method for reducing the amount of a potentially
harmful bacteria and viruses in at least one raw and unseasoned oyster, the
method comprising the steps of heating the oyster to a temperature up to 168
degrees Fahrenheit (75 degrees Centigrade), the at least one oyster being
heated for a sufficient time to destroy the potentially harmful bacteria
and viruses;
freezing the at least one oyster, the freezing to thereby reduce
decomposition of the oyster and preventing growth of the potentially
harmful bacteria and viruses; and
glazing the oyster, wherein the glazing step is accomplished by an
injection of water during the freezing that substantially encases the oyster in
ice after freezing.
The Examiner relies on the following prior art references to show
unpatentability:
Tanigawa (as translated) JP 59-135860 A Aug. 4, 1984
Wilson US 6,143,343 Nov. 7, 2000
Ruth Hertzberg et al. (hereafter “Hertzberg”), Putting Food By 278-85
(2d ed., Bantam Books 1973)
George J. Banwart (hereafter “Banwart”), Basic Food Microbiology at 103-
106, 347-350, 414, and 418-425 (abr. ed., AVI Pub. Co. 1981)
On appeal, the Examiner maintains a rejection of all the claims, i.e.,
claims 1-6, 10, 12, 14, 15, 17, and 18, under 35 U.S.C. § 103(a) as
2
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