Appeal No. 2001-0224
Application 09/045,511
Turning first to the examiner’s combination of the Lee
and Clayton teachings, we note that Lee discloses that the insert
is spaced from the outer pan by seating a ledge extending out-
wardly from the upper edges of the insert on a flange located on
the upper edge of the outer pan. See Lee, column 3, lines 6-11.
Lee further notes that the pan cover fits inside the flange in
order that condensation on the inside of the cover may flow
through the insert and into the pan. Id. at lines 16-19. While
the examiner may be correct that Lee’s insert could be physically
modified to include insert stands as taught by Clayton, he has
failed to identify any suggestion or motivation to modify Lee to
include these stands given Lee’s teaching of a complete apparatus
which already provides effective means for separating the insert
from the bottom of the outer pan.
With respect to the combination of Lee and Vizurraga,
we note that the examiner’s proposed motivation for combining
these references is based on the incorrect statement that “Lee
teaches lowering the end walls in order to cut a food item.”
Contrary to the examiner’s contention, Lee teaches that “[t]he
ends of the inner pan, when opened, permit the user to move the
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