Appeal No. 2005-1558
Application No. 09/949,704
claimed subject matter now on appeal in view of Yasushi et al. (Yasushi), Japanese
unexamined patent application No. H4-356156, published December 9, 1992. This prior
art reference was cited and applied in related application no. 09/121,725, and a
rejection of the process claims in 09/121,725 was affirmed by the Board of Patent
Appeals & Interferences in a decision mailed March 10, 2003 (see the Brief,
unnumbered page 1; Appl. No. 09/121,725 is now on appeal as Appeal No. 2005-1101).
Since the issue in Appl. No. 09/121,725 is anticipation of the process of making the
oyster product now claimed in this application, the Yasushi reference would appear
relevant to the product claims.
SUMMARY
The decision of the examiner is affirmed.
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