Appeal No. 1997-0117
Application No. 08/291,741
another inert gas such that the fresh meat is packaged in an
anaerobic condition whereby it can be stored under vacuum or
in an inert gas atmosphere (column 3, lines 44 et seg.).
Ferrar, like Woodruff, does not teach treating the meat with
an argon atmosphere.
Segall discloses a process for storing meat without
significant histological, biochemical or physiological
deterioration which includes, inter alia, treating the meat
with an inert gas. Helium is disclosed as particularly useful
and Segall teaches that "[i]t is contemplated that other noble
gases may be used, such as neon and argon" (column 2, lines 22
and 23).
To the extent, Woodruff, Ferrar and Segall, considered
singularly or collectively, establish a prima facie case of
obviousness for the claimed process of treating meat with an
atmosphere containing at least 70 volume % of argon, we find
that the Declaration of Kevin C. Spencer, the present
applicant, effectively rebuts the prima facie case. The
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