Ex Parte REAY - Page 2




              Appeal No. 2002-1443                                                                  Page 2                
              Application No. 09/251,833                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to a griddle plate with an infrared heating                        
              element.  An understanding of the invention can be derived from a reading of                                
              exemplary claim 13, which has been reproduced below.                                                        
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Person                                     1,051,967                    Feb.   4, 1913                      
              McWilliams et al. (McWilliams)             3,833,793                    Sep.   3, 1974                      
              Schreder                                   4,788,414                    Nov. 29, 1988                       
              Payne                                      4,816,647                    Mar. 28, 1989                       
              Adamson et al. (Adamson)            Re. 32,994                          Jul.   25, 1989                     
                     Claims 13-19, 22, 24, 25 and 27-29 stand rejected under 35 U.S.C. § 103(a) as                        
              being unpatentable over Adamson in view of Person and Payne.                                                
                     Claims 20 and 26 stand rejected under 35 U.S.C. § 103(a) as being                                    
              unpatentable over Adamson in view of Person, Payne and Schreder.                                            
                     Claim 21 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                         
              Adamson in view of Person, Payne and McWilliams.1                                                           
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the Answer                         
              (Paper No. 21) and the final rejection (Paper No. 14) for the examiner's complete                           


                     1The rejection of claims 19 and 20 under 35 U.S.C. § 112, second paragraph, which was set forth      
              in the final rejection (Paper No. 14), was not repeated in the Answer and we shall consider it as having    
              been withdrawn by the examiner.                                                                             






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