Ex Parte REAY - Page 6




              Appeal No. 2002-1443                                                                  Page 6                
              Application No. 09/251,833                                                                                  


                     With respect to the subject matter of claim 13, Adamson fails to disclose or teach                   
              the following four of the features recited in claim 13:                                                     
                     (1) The heating assembly having a non-contact infrared heating element.                              
                     (2) The heating element being disposed such that there is a space                                    
                     between the element and the lower platen.                                                            
                     (3) The heating element being disposed such that said lower platen is                                
                     substantially uniformly heated                                                                       
                     (4) The radiation wavelength of the heating element being about 900 to                               
                     4,000 nanometers.                                                                                    
              As to (4), the appellant has not challenged the examiner’s finding that it was known in                     
              the art at the time of the appellant’s invention to utilize infrared radiation heaters having               
              a radiation wavelength of 900-4,000 nanometers in cooking appliances, as taught by                          
              Payne.                                                                                                      
                     Person discloses an electric heater comprising an enclosure(1) within which are                      
              a plurality of heating coils (7), each installed in a slot (4) in a plastic base (3) of                     
              insulation material.  For cooking, Person provides a grid plate (16) and a cover or top                     
              plate (17) “which may be readily removed or entirely eliminated” (page 1, lines 90-92).                     
              Person further explains                                                                                     
                     said plate being provided with a plurality of slots or channels to aline with                        
                     the slots 4 of the insulating base 3.  By arranging the slots in the grid plate                      
                     so as to aline with the longitudinal channels of the composition body, the                           
                     heat units which radiate from the heating coils 7, may readily pass through                          
                     said slots to be quickly absorbed by the articles placed on the grid plate”                          
                     (page 1, lines 80-89).                                                                               








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