Ex Parte MEIXNER - Page 5




          Appeal No. 2002-1850                                                        
          Application 08/288,574                                                      


          as packaging material, e.g., monoplane material.  With further              
          reference to Marchese and then the present invention, appellant             
          indicates (page 4) that                                                     
                    even if a use of elastic foil as packaging                        
                    for the meat were to be made possible by                          
                    modifying the packaging device, this foil is                      
                    not suitable for serving as vacuum packaging                      
                    as this material is not gas impermeable.                          
                    Gas-impermeability is attained only in                            
                    connection with a second foil serving as a                        
                    gas-impermeable layer in interaction with a                       
                    first elastic foil according to the                               
                    invention.2                                                       


          As explained by appellant (page 4), it is an object of the                  
          present invention to provide a packaging envelope which contracts           
          in such a way that air between a commodity and the envelope is              
          pressed out automatically.                                                  


               In our review of the Marchese patent, we find that the                 
          patentee references (column 1, lines 11 through 14) the knowledge           
          in the art of machines generally similar to a “sausage stuffer”             
          for inserting meat into a wrapping or enveloping means (netting             


               2 It is noted that the Korlatzki reference applied by the              
          examiner reveals that, at the time of the present invention it              
          was known to include a water-impermeable inner layer in a                   
          combination of films.                                                       
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