Appeal No. 1998-2941 Page 45
Application No. 08/061,985
Reexamination Control No. 90/003,682
(1986). The term "nexus" designates a factually and legally
sufficient connection between the objective evidence of
nonobviousness and the claimed invention so that the evidence
is of probative value in the determination of nonobviousness.
See Demaco Corp. v. F. Von Langsdorff Licensing Ltd., 851 F.2d
1387, 7 USPQ2d 1222 (Fed. Cir.), cert. denied, 488 U.S. 956
(1988).
We do not believe that a nexus between the claimed
invention (i.e., claims 12 to 17, 18/12, 18/16, 19/12 and
19/16) and the evidence of secondary considerations has been
established. The evidence is directed to an extended
refrigerated shelf life liquid whole egg product which is
aseptically packaged following receiving thermal treatment
above the 5% SPL (BATCH) line of Figure 3, while claims 12 to
17, 18/12, 18/16, 19/12 and 19/16 do not include such
limitations.
In view of the foregoing, we are satisfied that when all
the evidence and arguments before us are considered, the
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