Appeal No. 95-3870
Application 07/993,551
unpeeled or partially unpeeled casing. Other embodiments of the invention
provide casing having multicolored longitudinal portions or portions having
different opacities to help differentiate one encased product from another
and to provide attractive packaging for applications where the casing is left
on until ultimate use by a consumer. Clear or relatively transparent colored
or colorless portions may be provided to allow visual identification of product
type and quality.
Appellants acknowledge in the paragraph bridging pages 8-9 of the supporting
specification that prior to the present invention sausage processes have utilized strip
casing. As explained on page 9 of the supporting specification, such casings typically
were formed so that 50% of the surface area was clear, i.e., these casings had very narrow
opaque strips. Certain problems were associated with using casings having narrow strips.
Grabauskas exemplifies such prior art casings. As set forth on page 4 of the
examiner's answer, the examiner agrees that Grabauskas “differs in the transverse width
of the opaque colored portion present on the casing.” The examiner goes on to explain
which it would have been obvious to one of ordinary skill in the art to increase the width of
the opaque colored portion of the Grabauskas casing in order to arrive at the subject
matter on appeal.
We need not spend any further resources considering the examiner's prima facie
case of obviousness. In view of the examiner's treatment of appellants' evidence of
nonobviousness, Mr. Sherry's declaration under 37 CFR § 1.132. Mr. Sherry's declaration
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