Appeal No. 2005-1101
Application No. 09/121,725
The examiner has relied upon the following references as evidence of
unpatentability:
Tesvich et al. (Tesvich) 5,773,064 Jun. 30, 1998
Yasushi et al. (JP ‘156) H4-356156 Dec. 09, 1992
(published Japanese Unexamined Patent Application)2
Cheftel, “Effects of high hydrostatic pressure on food constituents: an overview,” High
Pressure and Biotechnology, Colloque INSERM/John Libbey Eurotext Ltd. © 1992, Vol.
224, pp. 195-209.
Claims 6 and 27 stand rejected under 35 U.S.C. § 102(b) as anticipated by JP
‘156 (Answer, page 3). Claims 3, 4 and 7 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over JP ‘156 in view of Tesvich (Answer, page 4). Based on the totality of
the record, we affirm all rejections on appeal essentially for the reasons stated in the
Answer, the reasons stated in the decision in parent application no. 09/121,725 dated
Mar. 10, 2003 (Appeal
No. 2002-0206, Paper No. 24), and for the reasons set forth below.
OPINION
2We rely upon and cite from a full English translation of this document, previously made
of record.
3
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