Ex Parte AKIYAMA-WARREN - Page 5



          Appeal No. 2001-0224                                                        
          Application 09/045,511                                                      


          the meatloaf pan.  Id.                                                      
                    The above-noted features allow the insert to serve as a           
          cutting board upon removal from the meatloaf pan.  Specifically,            
          because the hinging means opens along the longitudinal edge of              
          the device, the meatloaf may be cut perpendicular to the                    
          elongated centerline of the meatloaf as is conventionally done,             
          while the meat is still positioned on the insert.  Appeal Brief,            
          page 5.  Further, the insert stands support the device above a              
          counter.  Id.; specification, page 10, line 16 - page 11, line 1.           
          The flanges also serve to separate the insert bottom from the               
          bottom of the meatloaf pan thereby allowing runoff of grease form           
          the insert bottom and into the bottom of the meatloaf pan during            
          baking.  Specification, page 10, lines 7-13.                                

                                     DISCUSSION                                       
                    The initial burden of presenting a prima facie                    
          case of obviousness rests on the examiner.  In re Oetiker,                  
          977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).                 
          A proper analysis under 35 U.S.C. § 103 requires, inter alia,               
          consideration of two factors:  (1) whether the prior art would              

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