Appeal No. 95-3870
Application 07/993,551
DECISION ON APPEAL2
This is an appeal under § 134 from the examiner's decision refusing to allow claims
1 through 41, all the claims in the application. Claims 1 and 40 are illustrative of the
subject matter on appeal and read as follows:
1. A process for making small diameter skinless frankfurters comprising:
a) deshirring casing from a shirred stick of moisture and smoke permeable food
casing adapted for use in stuffing and processing sausages, said casing comprising:
an elongated tube adjacent first and second longitudinal portions wherein at least
one colorant or opacifier is dispersed in at least one of said portions of said tube to
provide it with optical values which are different from the other portion, and wherein the
second portion has a transverse width less than that for said first portion and said first and
second portions have L, a, b, and opacity values as measured by colorimeter using the
Hunter color scale meeting at least one of the following conditions:
i) an average opacity value of said first portion that is at least about 0.5%
units greater than the average opacity value of said second portion;
ii) a difference in average opacity between said first portion and said
second portion which is less than 10, and a difference between said first and second
portion in their respective averages of either said L values or said a values or said b
values of at least about 5; or
iii) a difference of at least about 10 or greater in average opacity between
said first portion and said second portion, and the sum of the absolute values of a and b of
the first portion following extraction of said casing with water and methanol is at least 10;
and
wherein said tube has a tube wall thickness less than about 2.0 mils and a tube
circumference less than 15 mm with said second longitudinal portion having an opacity of
less than about 5.0% and a transverse width of at least about 3/16 inch;
2This application is a division of Application 07/898,373, Appeal No. 96-1992. We have
considered the two appeals together.
2
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