Appeal No. 2002-0206
Application No. 09/121,725
also has found that high pressure treatment of seafood destroys
pathogenic organisms such as Vibriones, illustrating this finding
with Cheftal’s disclosure. (Examiner’s Answer, page 4, lines 5 –
12).
C. The Appellant’s First Argument.
The appellant’s principal substantive argument appears to be
that “an important claim element, elimination of pathogenic Vibrio
Vulnificus bacteria in oysters, is absent from the cited prior
art” (Appeal Brief, page 8, lines 18-19). Consequently, it is
urged, there is no anticipation.
D. Findings of Fact.
Our independent review of the Yasushi results in our making
the following numbered findings of fact1 in addition to those of
the examiner:
(1) Yasushi discloses the high pressure treatment of raw
shellfish in a shell. (Paragraph 0004).
(2) Yasushi discloses pressure treating oysters specifically.
(Paragraph 0005).
(3) Yasushi discloses treating shellfish at 1000 to 4000
normal atmospheric pressure for a predetermined period of time.
(Paragraph 0006).
1 All references to Yasushi are to the English language translation of record.
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