Appeal No. 2003-1775
Application No. 09/845,925 Page 7
a location inside the bread crust. Also, see, e.g., pages 7, 8,
30, 43 and 48, and the cover pages of Kaiser. As for the spaced
depressions (pressure points) called for in claim 39, the
examiner, in maintaining the rejection, has basically determined
that the inner crimping and sealing ring of the Tartmaster (such
as models H2001 and H2003) used by Kaiser would have resulted in
spaced depression along the sealed perimeter area of crustless
sandwiches made as evident by the spaced depressions shown on the
products illustrated, such as on the cover pages and the sandwich
illustrated on page 115. Furthermore, see the bear-shaped
product sandwich shown at the top of the unnumbered page entitled
“Cuts, Crimps & Seals in One Step.” and the sandwiches being made
using the Krimpkut Sealer on pages 7, 8 and 48 of Kaiser.
Appellants rely on a second declaration of Leon Levine
(attachment No. 7) in an apparent attempt to discredit the
disclosure of Kaiser, particularly at item No. 2 of pages 30 and
31, wherein forming sandwiches by cutting and sealing multiple
bread slices with the devices are explicitly described. We do
not find appellants’ arguments and evidence persuasive in
establishing that Kaiser does not suggest forming a sandwich with
an edge seal structure as required by appellants’ claim 39.
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