Appeal No. 2002-1850
Application 08/288,574
material). As to Marchese’s invention (column 2, lines 33
through 39), a solid or net tubular envelope, of a resilient
nature (automatically constricting), is positioned in telescoping
relationship onto a cylindrical cartridge (Fig. 2).
Additionally, the patentee points out (column 3, lines 37 through
45) that the envelope may be of any conventional nature such as
“sheet, foil or netting” and normally same will be of a resilient
nature and automatically constrict itself. Figure 5 of the
patent shows a piece of meat with a completed envelope in
position thereon (column 2, lines 29 and 30).3
We turn now to the rejections on appeal.
The §112, second paragraph, rejection
We do not sustain the rejection of claims 1 through 24 and
26 through 29 under 35 U.S.C. § 112, second paragraph, as failing
3 It appears to us that one skilled in the art would
comprehend from the Marchese teaching that a resilient tubular
sheet or foil that automatically constricts onto a piece of meat
and conforms to the shape thereof, basically as shown in Fig. 5
of the patent, would reasonably be expected to press out the air
between the meat and the tubular sheet or foil(envelope).
6
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