Appeal No. 2005-1101
Application No. 09/121,725
occurring pathogenic organisms while retaining sensory characteristics of the raw
shellfish (Brief, page 2).1 To the extent appellant provides separate arguments for
patentability (Brief, pages 3-5), we consider the claims separately. See 37 CFR §
1.192(c)(7) (2003); now 37 CFR § 41.37(c)(1)(vii)(2004). A copy of representative
independent claims 3 and 6 is reproduced below:
3. Process of destroying bacteria in raw molluscan shellfish, while shellfish is in
the shell, comprising the steps of:
providing a pressure vessel;
depositing said shellfish into said pressure vessel;
loading a pressure transmitting fluid into said pressure vessel;
pressurizing said pressure vessel to high pressure of between about 20,000 p.s.i.
and 80,000 p.s.i., without application of heat, for a period of time of between 1 and 15
minutes, thereby causing elimination of naturally-occurring pathogenic marine bacteria,
while retaining sensory characteristics of said shellfish; and then
retaining said shellfish at a temperature below ambient temperature.
6. A process of treating raw oysters in a shell, which comprises:
exposing raw oysters to hydrostatic pressure of between 20,000 p.s.i. and 80,000
p.s.i. for 1-15 minutes at ambient temperature, without causing thermal and mechanical
damage to the raw oysters, thereby eliminating pathogenic Vibriones bacteria in said
raw oysters, preventing deterioration of said raw oysters, while retaining sensory
characteristics of said raw oysters.
1We refer to and cite from the Amended Appeal Brief dated September 3, 2004.
2
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