Ex Parte TOWNSEND - Page 5


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

               action.  This is a very important principle because it                 
               allows for the use of an efficient crank action to                     
               reciprocate the needles and still gives a flow of                      
               pickle that corresponds to the velocity of the needles                 
               at all times.                                                          
               We now turn to the examiner's rejection.  The examiner                 
          states that Townsend "teaches the use of a machine for injecting            
          fluids into meat products, wherein the meat (38) is placed on a             
          conveyor belt (12) and transported to a [sic] injection station             
          (20) where the meat is injected with a fluid by using moving a              
          battery of fluid injection needles (36) connected to a source of            
          fluid into and out of the meat product..."  (Answer, page 4.)               
          According to the examiner (id.), Townsend does not disclose                 
          "continuous longitudinal movement of the meat product while                 
          being injected with fluid."                                                 
               The examiner next relies on Rejsa for "the concept of                  
          continuous longitudinal movement of a meat product while being              
          injected with fluid in a meat injecting apparatus."  (Id.)                  
          Based on these factual findings, the examiner concludes (id. at             
          page 5):                                                                    
                    Therefore, it would have been obvious to one of                   
               ordinary skill in the art at the time the invention                    
               was made to have provided Townsend with the continuous                 
               longitudinal movement of the meat product while being                  
               injected as taught by Rejsa et al. in order to rapidly                 
               and efficiently inject a high throughput of meat                       
               product an hour with liquid flavoring or tenderizing                   
               materials or both, simultaneously injecting different                  

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