Appeal No. 1997-0117
Application No. 08/291,741
Segall in view of either of Ferrar or Woodruff.
We have thoroughly reviewed the respective positions
advanced by appellant and the examiner. In so doing, we find
that appellant's evidence of nonobviousness outweighs the
examiner's evidence of obviousness. Accordingly, we will not
sustain the examiner's rejections.
Woodruff discloses a process of preserving the color of
red meat which comprises subjecting the fresh meat to an
atmosphere low in oxygen concentration to convert oxymyoglobin
to reduced myoglobin, and subjecting the meat to a modified
atmosphere containing a small amount of carbon monoxide,
carbon dioxide and molecular nitrogen and/or other inert gases
in order to convert the reduced myoglobin to carboxymyoglobin.
Woodruff does not mention an atmosphere of argon.
Ferrar discloses a process of packaging fresh meat
comprising vacuum treating the meat to produce a low oxygen
partial pressure, since oxygen is highly deleterious to the
meat's color (see abstract). Also, Ferrar discloses a
controlled partial release of the vacuum with nitrogen or
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