Appeal No. 2005-1672
Application No. 09/833,866
ammonia solution to eliminate the meat odor associated therewith.
See also Nakayama, page 3. The fowl meats can be subjected to
the aqueous ammonia solution in the form of mist or spray or can
be immersed in the aqueous ammonia solution. Id. As is apparent
from column 1 of Roth, the fowl odor referred to in Nakayama is
also related to a meat exposed to microbes. Given these
teachings, we concur with the examiner that one of ordinary skill
in the art would have been led to employ ammonia gas and water
(moisture) to form an aqueous ammonia hydroxide solution in situ
or directly introduce an aqueous ammonia solution in the manner
taught by either Roth or Nakayama, with a reasonable expectation
of successfully reducing microbes and fowl odors in the
comminuted meat. See, e.g., In re Beattie, 974 F.2d 1309, 1312,
24 USPQ2d 1040, 1042 (Fed. Cir. 1992)(“As long as some motivation
or suggestion to combine the references is provided by the prior
art taken as a whole, the law does not require that the
references be combined for the reasons contemplated by the
inventor”).
With respect to claim 22, we find that the passage of Roth
referred to above implicitly teaches or suggests using solid
ammonia gas (ammonia) to form an aqueous ammonia hydroxide
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