Ex Parte Scioscio - Page 13

                Appeal 2007-2893                                                                             
                Application 10/818,885                                                                       

                      Claim 12 depends from and further limits claim 1, requiring that the                   
                shell be a volume substantially 12 times the volume of the sealed cavity.                    
                Claim 13 depends from and further limits the shell of claim 12 to consist of a               
                pot of twelve quart volume.  As discussed above, Proctor teaches that any                    
                size container usable in the food serving filed in general (id.).  In addition,              
                Proctor teaches that “[t]he quantity of heat transferred by the double-walled                
                container is a direct function of the surface area, particularly the surface area            
                in direct contact with the contents of the coffee pot” (Proctor, col. 3, ll. 64-             
                67).  Stated differently, a person of ordinary skill in the art would have                   
                recognized that the quantity of heat transferred by the double-walled                        
                container taught by the combination of Proctor and Park is a direct function                 
                of the surface area in direct contact with the contents of the container.                    
                Accordingly, a person of ordinary skill in the art would have recognized that                
                to transfer more or less heat to the contents in a container, you would use a                
                double-walled container with more or less available surface area.                            
                Accordingly, double-walled container with a shell volume that is                             
                substantially 12 times the volume of the sealed cavity; or is of a twelve quart              
                volume would have been prima facie obvious to a person of ordinary skill in                  
                the art at the time the invention was made, based on a determination of the                  
                amount of surface area required for the particular liquid or solid being                     
                prepared.                                                                                    

                                                SUMMARY                                                      
                      We reverse the rejection of claims 1, 2, 4-10, 12, and 13 under 35                     
                U.S.C § 103(a) as unpatentable over Park.                                                    


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