Ex parte BARGELE et al. - Page 7




          Appeal No. 97-3752                                         Page 7           
          Application No. 08/293,322                                                  


          Claim 1                                                                     
               Independent claim 1 recites a method for processing fish               
          fillets including the steps of (1) separating a superficial                 
          layer from the fillet and (2) separating skin from the                      
          superficial layer, wherein the skin is removed from the                     
          superficial layer at a time no later than concurrently with                 
          the separation of the superficial layer from the fillet.                    


               After the scope and content of the prior art are                       
          determined, the differences between the prior art and the                   
          claims at issue are to be ascertained.  Graham v. John Deere                
          Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                           


              Based on our analysis and review of Townsend and claim 1,              
          it is our opinion that the differences are the limitations                  
          that                                                                        
          (1) a fish fillet is being processed, and (2) the skin is                   
          removed from the superficial layer at a time no later than                  
          concurrently with the separation of the superficial layer from              
          the fillet.                                                                 









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