Appeal 2007-1896
Application 10/223,864
5. The end-product oyster is described as “having the same flavor
and taste as those of raw oyster” and as useful “for frying or
cooking in a pot with vegetable.” (Tanigawa, p. 6, last para.)
6. Tanigawa does not disclose glazing the oyster.
7. Hertzberg describes ice glazing as a method of forming a thin
coat of ice which keeps air away, thus saving the flavor (p. 279,
“Glazing with Ice”).
8. Hertzberg also counsels freezing oysters within hours of the
time they leave the sea because they are very perishable. They
should be frozen raw because cooked oysters toughen in the
freezer (Hertzberg, p. 283-84 “Freezing Oysters, Clams,
Mussels and Scallops”).
9. Wilson describes a process of freezing oysters including an ice
glazing step. The layer of ice serves to preserve the raw
product’s original taste during cold storage (Wilson, Abstract).
Particularly, ice glazing prevents freezer burn (Wilson, col. 4,
ll. 44-50).
10. Banwart describes a number of heating and freezing techniques
for preserving food. Banwart discloses that “[s]ometimes,
relatively mild heat treatments are used in conjunction with
other processes, such as refrigeration, freezing, drying or
acidification.” (Banwart, p. 418, “Heat”).
C. Principles of Law
“Section 103 forbids issuance of a patent when ‘the differences
between the subject matter sought to be patented and the prior art are such
that the subject matter as a whole would have been obvious at the time the
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: September 9, 2013