Appeal No. 97-2480
Application 08/296,122
target weight, the weight of the encased product being
determined by the scale and not computed by the operation of
the pump.
The patent to Meier, the evidence of obviousness, informs
us that, at the time of appellants’ invention, those having
ordinary skill in the art were concerned with the size of the
whole portion (predetermined quantity) of sausage casing. A
method taught by Meier involves, inter alia, the selection of
a desired volume portion for a sausage casing, measuring the
volume of sausage material dispensed to ascertain the volume
of a terminal mass, and flowing the terminal mass of sausage
material into a casing to substantially complete the dispensed
amount, resulting in the desired portion size. However, the
patentee expressly instructs those versed in the art (col. 2,
lines 34 through 42) that
The size of the whole portion, of the
terminal mass and of the dispensed sausage
material can be measured by weighing, that
is, in the form of the corresponding
weights. Preferably, however, they are
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