Appeal 2007-1896
Application 10/223,864
The following Findings of Fact (FF) are supported by a preponderance
of the evidence:
1. Tanigawa describes a process of preserving oysters. The
intention is to preserve the oyster “without losing a flavor of
raw oyster.” (Tanigawa, p. 3, ll. 2-3).
2. In one embodiment, the oysters are preserved through heating
and quick-freezing. Heating serves to dehydrate, sterilize, and
prevent deterioration. Quick-freezing serves to preserve the
oysters for use in seasons other than the harvesting season. The
oysters are not immersed in seasoning until later; after a
defrosting step. (Tanigawa, para. bridging pp. 5 and 6.)
3. Tanigawa’s heating step does not involve cooking the oyster.
Tanigawa does not refer to the heating step as a cooking step.
Instead, as stated by Tanigawa, “this steaming or boiling must
be done carefully [so] not to ruin a unique flavor of oyster. So,
the steaming or boiling process is slightly adjusted depending
upon the amount of oyster and outdoor temperature but it is
generally heated at 70-100°C.” (Tanigawa, para. bridging pp. 3
and 4.)
4. The disclosed heating temperature range of Tanigawa overlaps
the temperature range of claim 1 (up to 75°C) and touches the
range of claim 10 (up to 70°C). Tanigawa’s heating duration
(2-60 minutes) includes the range of claim 10 (4-12 minutes)
and also includes shorter time periods.
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Last modified: September 9, 2013