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today was not written for publication and is not binding
precedent of the Board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
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte ERNEST A. VOISIN
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Appeal No. 2005-1558
Application 09/949,704
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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 5 and 27 through 38, which are all of the claims pending in this application. We
have jurisdiction pursuant to 35 U.S.C. § 134.
According to appellant, the invention is directed to a post-pressurized bacteria-
free raw shellfish (e.g., oysters) that has been subjected to high pressure in the range of
20,000 to 50,000 p.s.i. to render the product substantially free from pathogenic
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