Appeal No. 97-2480
Application 08/296,122
measured by volume of the portion, of the
terminal mass and of the dispensed material
since, in contrast to measuring by weight,
measuring by volume poses no problem even
under the generally high frequency at which
the dispensing steps take place.
As we see it, appellants’ claimed method, in effect,
involves the application of traditional feedback principles to
assure a desired weight, i.e., the method ascertains a
difference
between a desired weight and an actual weight and compensates
for the difference by increasing or decreasing flow.
From our perspective, the overall teaching of Meier, as
described above, would have been fairly suggestive of
obtaining a desired size of sausage casing by the alternatives
of volume measurement or weight measurement.
At this point, we particularly note that this panel of
the board presumes skill on the part of those practicing this
art. See In re Sovish, 769 F.2d 738, 742, 226 USPQ 771, 774
(Fed. Cir. 1985). With this in mind, it is our opinion that
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