Appeal No. 97-2715
Application No. 08/306,797
above, it would appear from the descriptions of the strands
provided in the specifications of the pending application and
the reference that the shirred food casing strands which
result therefrom are indistinguishable from one another. No
evidence has been provided from which the conclusion can be
established that the shirred food casing strand of claim 7
patentably differs from the shirred food casing strand
disclosed in Kostner.
This being the case, the product recited in claim 7
would, in our view, have been prima facie obvious in view of
the teachings of Kostner.
SUMMARY
The examiner’s rejection of claims 1-7 as being
unpatentable over Kostner in view of de Rocheprise is not
sustained.
Pursuant to 37 CFR 1.196(b) claim 7 is rejected under 35
U.S.C. § 103 as being unpatentable over Kostner.
The decision of the examiner is reversed.
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final
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