Ex parte BARGELE et al. - Page 6




          Appeal No. 97-3752                                         Page 6           
          Application No. 08/293,322                                                  


          that the invention is patentable, resort to speculation,                    
          unfounded assumption or hindsight reconstruction to supply                  
          deficiencies in the factual basis for the rejection.  See In                
          re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 177 (CCPA 1967),              
          cert. denied, 389 U.S. 1057 (1968).                                         


               Townsend discloses an apparatus for removing the fat and               
          the skin from a ham.  As shown in Figures 1 and 2, the                      
          apparatus includes a feed roll 14 provided with grooves 15 and              
          teeth 16, a pressure shoe 18, a skinning blade 20 and a                     
          fatting attachment having a fatting blade 21.  As shown in                  
          Figure 1, the fatting blade 21 is slanted from one side of the              
          apparatus to the other side of the apparatus.  In addition, as              
          shown in dotted lines in Figure 2, it is desirable to have the              
          fatting blade 21 nearly contact the skinning blade 20.                      
          Townsend teaches (column 2, lines 5-11) that (1) in addition                
          to skinning hams, it is quite often desirable to "fat" them                 
          (i.e., remove fat from the ham), (2) the fatting of ham is                  
          usually performed either is some other machine or by hand, and              
          (3) the fatting attachment permits fatting the ham                          
          simultaneously with the skinning operation.                                 







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