Appeal No. 2006-1588
Application No. 10/707,526
that a hole (38) therein is aligned with the jelly-like foodstuff
such that the slice drops through the hole into a receptacle
(page 2, left column, lines 58-71). If it is desired to dice the
jelly-like material before it is sliced, it can be extruded
through a die (50) comprised of a wire screen (51) or series of
crisscross knife blades secured to a ring (52) mounted within the
neck (45) of a top plate (40) (page 2, right column, lines 13-
23).
The appellants argue that Leo’s jelly-like material does not free
fall through the die because it is forced therethrough by a
plunger (24) (brief, page 16). The jelly-like material can fall
either by mechanical force from the plunger or by gravity, i.e.,
free fall (page 2, left column, lines 55-58).
The appellants argue that Leo’s knife (42) could not possibly
make horizontal cuts through the jelly-like material if the
jelly-like material were free falling through the die (brief,
page 17). The jelly-like material free falls until it hits the
plate (37), after which it is cut by the knife (page 2, left
column, lines 55-61).
The appellants argue that the claims require that the entire
product, and not a portion thereof, free falls through the
cutting means, and that Leo’s plate 37 limits the free fall to a
portion of the material being extruded (brief, pages 17-18; reply
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Last modified: November 3, 2007