Appeal No. 2002-1850
Application 08/288,574
(specification, page 5) that genuine elasticity (originally
genuine flexibility) of the packaging material results in radial
tension on the contents causing a shaping of the contents, with
the radial tension being retained in the long term, i.e.,
throughout a storage period.
When we consider the Korlatzki teaching as a whole, it is
clear to this panel of the board that the claimed recitation of a
permanently elastic packaging envelope is readable thereon.
First, we recognize that appellant does acknowledge that the
Korlatzki envelope would undergo “slight automatic restoration
after the insertion of the meat” (main brief, page 36) vis-a-vis
the “frozen elasticity” recitation in Korlatzki discussed by
appellant (main brief, page 18). It follows that the so-called
frozen elasticity of Korlatzki (MANUFACTURE OF A BIAXIALLY
STRETCHED, ONE LAYER SAUSAGE CASING; column 10, line 21 through
column 11, line 22) would not entirely destroy elasticity; thus,
elasticity is permanent, albeit of a lesser degree, as
acknowledged by appellant. Nevertheless, the frozen elasticity
issue concerning the Korlatzki teaching only arises relative to
the application of optional biaxially stretching (column 5, lines
27, 28, and column 6, lines 1 through 3). Setting aside the
10
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