Appeal No. 97-2821
Application 08/377,720
mixing nozzle, and a U-shaped piston rod 62 for actuating the pistons.
With regard to the 35 U.S.C. § 102 rejection of independent claim 1, the appellant contends
that Herold “neither discloses nor suggests a disposable manifold unit adapted to receive and retain
expended sausage packages” (brief, page 5). As correctly pointed out by the examiner, however,
claim 1 reads on the combination of Herold’s double barrel housing 41 and cap 43 (see pages 3 and 5
in the answer). More specifically, these two elements define a housing having two parallel cylinders
(Herold’s chambers or barrels 47, 48 and the extensions thereof in the cap 43), each having an open
end and a closed end (Herold’s chambers are open at one end to receive the pistons 42 and closed at
the other end by the end wall of the cap 43), with each closed end having a passage therethrough
(Herold’s passages 44, 45), and fixing means on the outer side of the closed ends for affixing a mixing
nozzle thereto (Herold’s nozzle fixing means 46), wherein each cylinder is of such length and diameter
to receive and retain a discharged sausage pack (Herold’s Figure 4 shows chambers 47, 48 receiving
and retaining the sausage packs 11). Although Herold may not expressly disclose the housing 41 and
cap 43 to be disposable, it is not apparent, nor has the appellant explained, why these elements are not
inherently disposable.
Moreover, claim 1 is so broad that it also reads on Herold’s cap 43 alone. Here again, it is not
apparent, nor has the appellant explained, why the cap is not inherently disposable or why the cylinders
defined thereby are not of such length and diameter that they are inherently capable of receiving and
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Last modified: November 3, 2007