Ex parte SWARTZEL et al. - Page 39




          Appeal No. 1998-2941                                      Page 39           
          Application No. 08/061,985                                                  
          Reexamination Control No. 90/003,682                                        


          1.   Claims 12 to 15, 18/12 and 19/12 are rejected under                    
          35 U.S.C. § 103 as being unpatentable over the News & Observer              
          article in view of Stadelman and/or Food in Canada.                         


               The News & Observer article discloses that "NCSU                       
          researchers crack the secret of long shelflife for eggs"                    
          (i.e., liquid whole eggs).  The News & Observer article states              
          that by using a higher pasteurization temperature and sterile               
          packaging an extended shelf life of refrigerated liquid whole               
          eggs may be obtained.  The News & Observer article discloses                
          that the new process keeps eggs in good shape for up to three               
          months.  The News & Observer article teaches that laboratory                
          equipment similar to machinery now used in egg processing was               
          used by the researchers.                                                    


               Stadelman discloses (pp. 161, 175-180) that it was known               
          in the art to pasteurize liquid whole eggs by passing the                   
          liquid whole eggs as a continuous stream through the                        
          pasteurizing apparatus.  Stadelman also teaches (p. 180) that               
          a turbulent flow pattern is desired.                                        








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