Appeal No. 2002-0206
Application No. 09/121,725
a prior reference that teaches a process encompassed by the
claimed process. See MEHL/Biophile Intl. Corp., supra.
Looking now to claim 3, we note that it claims a process for
destroying bacteria in shellfish (which is inherently present in
the process of Yasushi, see also findings of fact 13-15) by
providing a pressure vessel, (which is the same as Yasushi’s high
pressure processing device, see findings of fact #5 and 6);
depositing shellfish into the pressure vessel (Yasushi places the
shellfish into the pressure vessel, see findings of fact #5 and
#6); loading a pressure transmitting fluid into the pressure
vessel (Yasushi utilizes seawater in the pressure vessel, see
findings of fact #5 and #6); pressurizing the pressure vessel to
between 20,000 psi and 50,000 psi (Yasushi discloses a specific
embodiment 1 at 44,000 psi, see finding of fact #6) for a period
of time of between 1 and 15 minutes (Yasushi’s embodiment 1 is
conducted for 3 minutes, see finding of fact #6). Claim 4 recites
that the pressure and time eliminate Vibriones bacteria (Yasushi
accomplishes this inherently, see findings of fact 13 – 15).
We also agree that it was well known and obvious to
refrigerate processed seafood (see finding of fact # 16), and note
that the appellant has not challenged this fact.
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