Ex parte SWARTZEL et al. - Page 42




          Appeal No. 1998-2941                                      Page 42           
          Application No. 08/061,985                                                  
          Reexamination Control No. 90/003,682                                        


               The Egg Pasteurization Manual teaches (pp. 35-39) to                   
          sanitize/clean/sterilize the pasteurization apparatus before                
          passing the next run of liquid egg material to the                          
          pasteurization apparatus.                                                   


               Based on our analysis and review of the News & Observer                
          article and claims 16, 17, 18/16 and 19/16, it is our opinion               
          that an additional difference is the limitation that the                    
          pasteurization apparatus is sterilized before the liquid whole              
          egg product is passed therethrough.                                         


               In applying the test for obviousness, we reach the                     
          conclusion that it would have been further prima facie obvious              
          to one 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 sterilized the pasteurization                      
          apparatus before the liquid whole egg product is passed                     
          therethrough as suggested and taught by Padley and/or the Egg               
          Pasteurization Manual for the self-evident advantages thereof               










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