Ex parte PAULUCCI - Page 4




          Appeal No. 1997-2960                                                        
          Application 08/368,897                                                      


          discloses that it was known in the art to separately pouch                  
          each of the main constituents of a frozen meal for separate                 
          microwave heating of each, and was known that the heating                   
          sequence was complex in that each constituent requires a                    
          different heating time and/or preparation (col. 2, lines 40-                
          49).                                                                        
               The examiner argues that because Bliley discloses keeping              
          components of a frozen meal separate without the use of                     
          pouches, and Mattson discloses different microwave heating                  
          times for different pouches of food, it would have been                     
          obvious to one of ordinary skill in the art to use different                
          microwave heating times for components of a frozen meal which               
          are not in pouches by removing a component from the meal                    
          before the completion of the heating of other components                    
          (answer, pages 8-10).                                                       
               In order for a prima facie case of obviousness to be                   
          established, the teachings from the prior art itself must                   
          appear to have suggested the claimed subject matter to one of               
          ordinary skill in the art.  See In re Rinehart, 531 F.2d 1048,              
          1051, 189 USPQ 143, 147 (CCPA 1976).  The mere fact that the                


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