Appeal No. 2002-0206
Application No. 09/121,725
ambient temperature (23°C)3 acts to destroy pathogenic
microorganisms such as Vibrio in shellfish (Cheftal, page 204,
point 1.2; page 201, lines 10-11).
(14) 1 bar is approximately 14.5 psi.1
(15) 1.7 kbar is approximately 24650 psi.
(16) Refrigeration was a well-known method of preserving
shellfish such as oysters at the time the invention was made.4
(E) Conclusions of Law
We agree with the examiner that Yasushi’s Embodiment 1
anticipates claims 6 and 7 for the reasons discussed in the
examiner’s answer. We add the following principally for emphasis
and clarity.
Claim 6 recites a process for treating raw oysters in a shell
(as does Yasushi, see finding of fact #2), which comprises
exposing said raw oysters to a hydrostatic pressure of between
25,000 p.s.i. to 50,000 p.s.i. (as does Yasushi, see findings of
fact 4, 6, 9 and 10) for 1-15 minutes (as does Yasushi, see
findings of fact # 4 and 6) at ambient temperature (as does
Yasushi, see finding of fact #12), thereby eliminating pathogenic
Vibriones bacteria in said oysters (see findings of fact 13-15).
3 Marks’ Standard Handbook for Mechanical Engineers, Tenth Edition (1996), Table
12.4.2, page 12-63, attached hereto.
4 Marks’ Standard Handbook for Mechanical Engineers, Tenth Edition (1996), Table
7
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