Appeal No. 1998-2941 Page 23
Application No. 08/061,985
Reexamination Control No. 90/003,682
We sustain the rejection of claims 20, 22-27, and 46/20
under 35 U.S.C. § 102(b) as being anticipated by Donchev.
Claim 20
The examiner determined (answer, p. 8) that "Donchev et
al discloses a packaged egg having a refrigerated shelf life
of 150 days."
The appellants argue (brief, p. 165) that Donchev
pertains to "shell eggs which were placed in a plastic bag"
and that "shell" egg is distinctly different from "liquid"
egg. The appellants assert that Donchev does not teach
anything about extending the refrigerated shelf life of a
liquid whole egg product. We find the appellants argument
unpersuasive for the following reasons.
First, while Donchev pertains to shell eggs, the shell
does contain the liquid whole egg. Thus, we find the claimed
phrase "packaged liquid whole egg product" to be readable on a
shell egg. Since the shell egg of Donchev has a disclosed
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