Ex parte WALDREP - Page 6




          Appeal No. 1998-0093                                                        
          Application No. 08/459,301                                                  


          food warming oven or cabinet for heating food, typically at                 
          least partly precooked food, from a chilled or frozen                       
          condition to a serving temperature, e.g., approximately 70EC"               
          (p. 1, ll. 6-12).                                                           
               The examiner contends that "[i]t would have been obvious               
          to one of ordinary skill in the art to adapt the insulated                  
          panels of Moffat et al to the food warmer of Huie et al to                  
          more efficiently warm food placed in the device" (Answer at 5)              
          and that such a modification "would have been an obvious                    
          alternative where display of the contents was not necessary                 
          and merely efficient warming was desired (Answer at 7).  While              
          we agree that it would have been obvious to insulate Huie's                 
          cabinet walls with laminated insulating material in order to                
          increase the oven's electrical efficiency, we are not                       
          persuaded of the obviousness of also replacing Huie's                       
          transparent doors with nontransparent, laminated, insulating                
          and sealing doors, as proposed by the examiner.  This                       
          modification, as appellant correctly observes, appears to be                
          improperly based on knowledge of appellant's own specification              
          and the requirements of claim 1.  Accordingly, we are                       


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