Ex parte SPENCER - Page 2




          Appeal No. 1997-0117                                                        
          Application No. 08/291,741                                                  





               In addition to the admitted prior art found at page 4 of               
          appellant's specification, the examiner relies upon the                     
          following references as evidence of obviousness:                            
          Segall                        3,677,024      Jul. 18, 1972                  
          Woodruff et al. (Woodruff)    4,522,835      Jun. 11, 1985                  
          Ferrar et al. (Ferrar)        4,642,239      Feb. 10, 1987                  
          Ruzek                         4,812,320      Mar. 14, 1989                  
          Mitchell                      4,919,955      Apr. 24, 1990                  
               Appellant's claimed invention is directed to a process                 
          for preserving the color of red meat.  The process involves                 
          contacting the meat with an atmosphere of either pure argon or              
          a mixture of argon and a carrier gas wherein the mixture                    
          comprises at least 70 volume % of argon.                                    
               Appealed claims 39-48, 54, 56-59 and 67 stand rejected                 
          under 35 U.S.C. § 103 as being unpatentable over either                     
          Woodruff or Ferrar in view of appellant's admitted prior art.               
          Claims 49-53, 55 and 60-64 stand rejected under 35 U.S.C. §                 
          103 as being unpatentable over the stated combination of                    
          references further in view of Mitchell and Ruzek.  In                       
          addition, claims 39-41, 44-48, 54, 58, 59 and 67 stand                      
          rejected under 35 U.S.C. § 103 as being unpatentable over                   
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