Ex Parte Roth - Page 13



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

          solution in situ.4  Thus, using solid ammonia, together with                
          water, to form an aqueous ammonia hydroxide solution in situ for            
          the purpose of increasing the pH of the comminuted meat would               
          have been obvious to one of ordinary skill in the art.  As                  
          indicated supra, the amount of water added is dependent on the              
          moisture already present in the meat and the amount of ammonia              
          used to form an optimum amount of an aqueous ammonium hydroxide             
          solution.  Boesch, supra.                                                   
              Accordingly, we affirm the examiner’s rejection of claims 1,           
          3 through 13 and 22 under 35 U.S.C. § 103(a).                               
                                     CONCLUSION                                       
               In view of the foregoing, the decision of the examiner is              
          affirmed.                                                                   









               4 We also take official notice, if necessary, that it was well         
          known at the time of the invention that an aqueous ammonia hydroxide        
          solution can be formed by combining ammonia and water.                      
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