Ex Parte Anders et al - Page 6

                Appeal 2006-2334                                                                               
                Application 09/909,913                                                                         

                      Thus, the pliable material can be urged into interaction with the food                   
                item by solid materials to which the pliable materials can be attached or                      
                caused to move, such as by a plunger and cup system or by a roller system of                   
                a belt conveyor (see Specification, e.g., ¶¶ 0045-0068 and Figs. 1, 2, 8, and                  
                9).  The interaction between the pliable belt and the food item such that the                  
                surfaces of the pliable material conforms to and at least partially surrounds                  
                the food item, can be initiated by the pliable material or by the food item and                
                can occur at any point in the step of processing.  Indeed, it is apparent from                 
                Specification Figs. 1 and 2 that surfaces of pliable material 10 do not                        
                conform to and at least partially surround boneless meat 2 until fixed and                     
                moveable solid materials 6,8 urge the pliable material surfaces 10 to                          
                completely squeeze or press meat 2 which occurs at the end of the step,                        
                wherein, as seen in Fig. 2, only the upper and lower surfaces of the                           
                individual pieces of compressed meat 2 conform to and are at least partially                   
                surrounded by pliable material 10 (id., e.g., ¶¶ 0045-0047 ).  Thus, the food                  
                item can cause the pliable material to conform and at least surround it and/or                 
                the pliable material can cause the food item to conform to and be at least                     
                partially surrounded by it, as evinced by Specification Fig. 2.                                
                      We find Peterson would have disclosed to one of ordinary skill in this                   
                art a method wherein flat pieces of frozen meat, which can be boneless, are                    
                mangled and rolled during passage through a channel-shaped space of flat                       
                rectangular cross-section of decreasing height maintained by a two belt                        
                conveyor, to obtain frozen meat pieces of a desired reduced thickness                          
                without loss of meat juice and blood because the processing conditions                         
                maintain the meat in frozen state (Peterson, e.g., Abstract, col. 1, l. 27 to col.             


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