Appeal No. 2005-1672
Application No. 09/833,866
12 and 13 limit the moisture adding step as either the in situ
aqueous ammonium hydroxide formation steps or the aqueous
ammonium hydroxide introductions step mentioned above. Claims
12 and 13, unlike claim 1, also require a step for applying
mechanical action to the resulting mixture to further distribute
the aqueous ammonium solution to the meats. Claim 22 requires
adding solid ammonia followed by adding water to form an aqueous
ammonium hydroxide in situ.
The disclosure of Roth is discussed above. The appellant
does not dispute that Roth teaches “that ammonia gas may be added
to comminuted meat to raise the pH.” See the Brief, page 8.
Rather, the appellant only argues that Roth does not teach
increasing the moisture content in the comminuted meat and that
Nakayama does not suggest increasing the same in Roth as required
by claims 1, 12 and 13. Id. We disagree.
As indicated above, Roth teaches (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
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