Ex parte SWARTZEL et al. - Page 41




          Appeal No. 1998-2941                                      Page 41           
          Application No. 08/061,985                                                  
          Reexamination Control No. 90/003,682                                        


          of ordinary skill in the art at the time the invention was                  
          made to have modified the method disclosed by the News &                    
          Observer article to have utilized a continuous pasteurizing                 
          apparatus which imparts turbulence to the liquid whole egg                  
          product as suggested by Stadelman and/or Food in Canada                     
          especially in view of the News & Observer article's own                     
          suggestion to use machinery now used in egg processing for the              
          self-evident commercial advantages thereof.                                 


          2.   Claims 16, 17, 18/16 and 19/16 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 as applied               
          above and further in view of Padley and/or the Egg                          
          Pasteurization Manual.                                                      


               Padley discloses a process for the continuous                          
          pasteurization of liquid egg material, including liquid whole               
          eggs.  Padley teaches (column 3, lines 30-42) to                            
          clean/sterilize the pasteurization apparatus before passing                 
          the liquid egg material to the pasteurization apparatus.                    








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