Ex Parte TOWNSEND - Page 3


          Appeal No. 2000-1052                                                        
          Application No. 09/060,012                                                  

          Rejsa..." (examiner's answer of Sep. 20, 1999, paper 17, page               
          4):                                                                         
          Sholl                   3,649,299           Mar. 14, 1972                  
          Sholl                   3,769,037           Oct. 30, 1973                  
               Appealed claims 22 and 24 stand rejected under 35 U.S.C.               
          § 103(a) as unpatentable over Townsend in view of Rejsa.  (Id.              
          at pages 4-5.)                                                              
               We reverse this rejection.                                             
               Before discussing the merits of the examiner's proposed                
          combination of prior art references, we consider the                        
          significance of the last recited step (i.e., the                            
          "coordinating..." step) of appealed claim 22.  The appellant                
          explains that conventional fluid injection machines have a                  
          vertically reciprocating crosshead, which is typically driven by            
          a crank, and multiple needles.  (Specification, page 1, first               
          paragraph.)  The appellant further discloses that the prior art             
          processes using these conventional fluid injection machines                 
          suffer from several drawbacks.  (Id. at pages 1-2.)                         
          Specifically, one of the problems is identified in the                      
          specification as follows (id.):                                             
                    Such fluid injection machines for meat products                   
               have been used for many years, but they have several                   
               negative factors, one of which is very detrimental.                    
               The distribution of pickle throughout the [pork] belly                 
               should be as uniform as possible.  That means that                     

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