Ex Parte Roth - Page 7



          Appeal No. 2005-1672                                                        
          Application No. 09/833,866                                                  

          pH [emphasis ours].”  See column 2, lines 54-57.  Roth goes onto            
          state (column 5, lines 38-53) that:                                         
                    NH3 gas is the preferred pH increasing gas for use                
               in the first step of the invention shown in FIG. 1.                    
               When in contact with the meat product being processed,                 
               it is believed that the moisture in the meat product                   
               absorbs the NH3 gas to form ammonium hydroxide NH4OH.                  
               The free hydroxyl ions from the NH4OH in the meat                      
               product produce the increased pH.  The free NH3 gas                    
               also provides the physical pressure effect desired in                  
               the pressurization, hold, and release cycle according                  
               to the invention.  Alternatively to NH3 gas, a suitable                
               pH increasing liquid or solid may be atomized or                       
               otherwise mixed with an approved inert food processing                 
               carrier gas . . . .  In this case the pH increasing                    
               material performs the pH increasing function while the                 
               carrier gas produces the desired physical pressure                     
               effects of damaging microbes in the pressurization,                    
               hold, release cycle.  [Emphasis added.]                                
          It can be inferred from this teaching in Roth that atomized                 
          ammonia hydroxide solution would be just as useful as anhydrous             
          ammonia gas in increasing the pH of the meat product.  This meat            
          product, according to column 7, lines 34-44, of Roth, is                    
          subjected to                                                                
               [t]he excess treatment gas removal step described with                 
               reference to FIG. 1(block 8) [which] may be performed                  
               by applying a vacuum to container 20 with vacuum pump                  
               82 . . . .  Also, the container 20 may have associated                 
               with it a motor 86 for driving an agitator or blender                  
               mechanism (not shown) within the container.  Blending                  
               or agitating the treated meat product in the container                 
               helps expose the meat product to the vacuum to ensure                  
               better removal of excess or free treatment gas.                        

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