The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ERNEST A. VOISIN
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Appeal No. 2005-1101
Application No. 09/121,725
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HEARD: JANUARY 26, 2006
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Before OWENS, WALTZ, and FRANKLIN, Administrative Patent Judges.
WALTZ, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the primary examiner’s final rejection of
claims 3, 4, 6, 7 and 27, which are the only claims pending in this application. We have
jurisdiction pursuant to 35 U.S.C. § 134.
According to appellant, the invention is directed to a method of treating raw
molluscan shellfish (e.g., oysters) to eliminate naturally-occurring pathogenic
organisms, such as Vibrio Vulnificus, by exposing the raw molluscan shellfish to high
isostatic pressures of between 20,00 and 80,000 psi, without application of heat, for a
period of time between 1 and 15 minutes, thereby causing elimination of the naturally-
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