Appeal No. 1996-1992
Application 07/898,373
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 or product type and quality.
Clear or relatively transparent colored or colorless portions may be provided to allow
visual identification of product type and quality..--
Appellants acknowledged in the paragraph bridging pages 8-9 of the supporting
specification that, prior to the present invention, sausage makers utilized striped casings.
As explained on page 9 of the supporting specification, such casings typically were formed
so that more than 50% of the surface area was clear, i.e., these casings had narrow
opaque strips. However, appellants indicate that problems were associated with using
casings having narrow strips.
Grabauskas exemplifies such prior art casings. The examiner on page 5 of the
Examiner’s Answer admits that “Grabauskas fails to specifically teach the recited surface
ratios” and on pages 2-3 of the Supplemental Examiner’s Answer admits that
“Grabauskas fails to teach cellulosic food casings comprising first and second longitudinal
portions wherein at least the first portion contains a colorant or opacifier and the surface
area ratio of the first portion to the second portion is at least about 1:1 or greater, as
presently claimed.” However, the examiner asserts that ”[i]t would have been obvious to
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