Ex parte QUINONES et al. - Page 2




              Appeal No. 1996-1992                                                                                         
              Application 07/898,373                                                                                       


                                                DECISION ON APPEAL                                                         
                     This is an appeal under 35 U.S.C. § 134 from the examiner’s decision refusing to                      
              allow claims 1-54, 57-61, and 63-68, all of the claims pending in the application. Claims 1,                 
              57, 63, and 66 are illustrative of the subject matter on appeal and read as follows:                         
                     1.  A cellulosic food casing comprising an elongated cellulosic thin walled tube                      
              having a moisture content of less than 100 wt.% based upon the weight of bone dry                            
              cellulose (BDC), said tube having first and second longitudinal portions and a colorant or                   
              opacifier which is longitudinally and continuously dispersed in at least said first portion                  
              throughout said tube wall to provide said portion with optical values which are different                    
              from said other portion, said portions having a surface area ratio of said first portion to                  
              said second portion of at least about 1:1 or greater and wherein said first and second                       
              portions have Hunter L, a, b values and opacity values which values meet at least one of                     
              the following conditions:                                                                                    
                     i)   an average opacity value of said first portion that is at least about 0.5 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                         
                     portions 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.                                                                              
                     57. A food casing comprising a shirred elongated tube of at least 50 feet in length                   
              having adjacent first and second longitudinal portions of at least four inches in length                     
              wherein at least one colorant or opacifier is dispersed in at  least one of said portions                    
              throughout a wall of said tube to provided it with optical values which are different from the               
              other portion, and wherein the second portion has a transverse width less than or equal to                   
              that for said first portion and said first and second portions have Hunter L, a, b values and                
              opacity values meeting at least one of the following conditions:                                             

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