Ex parte SWARTZEL et al. - Page 24




          Appeal No. 1998-2941                                      Page 24           
          Application No. 08/061,985                                                  
          Reexamination Control No. 90/003,682                                        


          refrigerated shelf life falling within the range set forth in               
          claim 20, we conclude that claim 20 is anticipated by Donchev.              




               Second, even if one would not consider the claimed phrase              
          "packaged liquid whole egg product" to be readable on a shell               
          egg, it is our opinion that the claimed phrase "packaged                    
          liquid whole egg product" would be readable on a shell egg                  
          packaged in a polyethylene bag as taught by Donchev.  Since                 
          the shell egg within the polyethylene bag of Donchev has a                  
          disclosed refrigerated shelf life falling within the range set              
          forth in claim 20, we conclude that claim 20 is anticipated by              
          Donchev.                                                                    


               For the reasons stated above, the decision of the                      
          examiner to reject claim 20 under 35 U.S.C. § 102(b) is                     
          affirmed.                                                                   


          Claims 22-27 and 46/20                                                      










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