Appeal No. 2002-0206
Application No. 09/121,725
Discussion
I. The Petition to Make Special
Filed concurrently with the request for oral hearing (paper
no. 17) was a petition to make special (no paper no.) based upon
the age of the appellant. That paper was inadvertently
erroneously filed as part of the request for oral hearing and
never acted upon. The decision on petition (paper No. 23) is
enclosed with this opinion and the delay is regretted.
II. The 35 U.S.C. § 102(b) Rejection
A. The Rejection
Claims 6 and 7 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Yasushi (JP 4356156A).
B. The Examiner’s Position.
The examiner has found that Yasushi teaches a method of
treating shellfish comprising exposing raw oysters contained in
plastic bags filled with seawater to hydrostatic pressures of
14,615 – 44,087 psi for 0.5 to 10 minutes (Examiner’s Answer, page
4, lines 1-4). As the claimed method steps are the same, the
examiner reasons that the claimed characteristic of eliminating
Vibriones bacteria, although not disclosed, is an inherent
property and result of the referenced method, absent any clear and
convincing evidence or arguments to the contrary. The examiner
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