Appeal No. 2002-0206
Application No. 09/121,725
III. The 35 U.S.C. § 103(a) Rejection
A. The Rejection
Claims 3 and 4 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Yasushi (JP 4356156A).
B. The Examiner’s Position
The examiner has found that Yasushi teaches a method of
treating shellfish by providing a pressure vessel and exposing raw
oysters contained in plastic bags filled with sea-water to
hydrostatic pressure of 14,615 - 44,087 psi for 0.5 to 10 minutes
at ambient temperatures. The examiner has further found that the
method steps in the reference are the same as instantly claimed,
and thus the results of effecting pathogenic Vibriones bacteria,
although not disclosed, would be an inherent property and result
of the referenced method. The examiner has further found that it
would have been obvious to one of ordinary skill in the art to
refrigerate the pressure treated oysters since cooling to
refrigeration temperatures was a commonly used method of
preserving raw food products. (Examiner’s Answer, page 4, line 15
- page 5, line 5)
C. The Appellant’s Position
The appellant urges that the examiner is incorrect in that he
ignores the limitations in claim 3 of “destroying bacteria in raw
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