Appeal No. 2003-0127
Application No. 09/157,388
At this point, we recognize from the content of claims 1 and
10, read in light of the underlying specification, the feature of
the sauce being maintained in an uncoagulated state during
cooking of the pizza base, i.e., the fluid sauce remains moist
during cooking of the pizza base and does not become viscous or
thickened.
Turning now to the evidence of obviousness, it is clear to
this panel of the Board, from a review of the Bucci patent
(column 3, lines 50 through 72), that the patentee expressly
requires a sealing agent (tomato puree or peach nectar) to have
moisture (water) driven off to effect a remaining coagulated
substance that forms a moisture-impervious layer. Based upon the
above very specific reference teaching of Bucci, we conclude that
the Bucci document simply would not have been suggestive to one
having ordinary skill in the art of appellant’s step of
maintaining sauce in an uncoagulated state during cooking.
Turning now to the McDonald reference, we are aware that, as
indicated by the examiner, it was not applied to show other than
a topping disk. We would only add that the McDonald patent does
not appear to overcome the above noted deficiency of the Bucci
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