Ex Parte Kanafani et al - Page 11


          Appeal No. 2004-0842                                                        
          Application No. 09/539,454                                                  


          CLAIMS 1-4, 9-14 and 43                                                     
               The appellants have not disputed the examiner’s finding that           
          Killingbeck teaches using the claimed mixer, sheeter, cutter,               
          oiler, proofer and oven in making pizza bases.  The appellants              
          also have not disputed the examiner’s finding that Killingbeck              
          teaches employing a pan and a lid assembly.                                 
               Recognizing that Killingbeck does not teach the claimed pan            
          and lid assembly, the examiner relies on Perkins to teach the               
          same.  As indicated supra, Perkins teaches the pan and lid                  
          assembly recited in claim 9.  These pan and lid assembly,                   
          according to Perkins, can be used for any apparatus and method              
          for proving and baking dough, which is inclusive of an apparatus            
          and method forming pizza bases.  See Perkins, page 1, lines 1-3,            
          together with Killingbeck’s apparatus and method requiring a                
          proofer (proving) and an oven (baking) as indicated supra.  As is           
          apparent from Perkins, its pan having a plurality of recesses               
          (concavities in the lower mould part 2) and corresponding lid               
          assembly having lids( the formers of the upper mould part 3) can            
          be used to produce a plurality of baked products.  In other                 
          words, Perkins teaches forming more baked products per pan than             
          those produced by Killingbeck’s pan.                                        
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