Appeal No. 2003-0778 Page 2
Application No. 09/564,131
The appellant's invention relates to a barbecue grill accessory and, in particular,
to “a loop form divider wall that is placed in a conventional charcoal barbecue grill to
divide the heat chamber of the barbecue grill into inner and outer volumes, the outer
volume being a circular volume” (specification, page 1). The loop supports charcoal in
a piled ridge around the divider and controls the charcoal briquets so that they burn
slowly in a path along the outer periphery of the loop divider (specification, page 3). A
copy of the claims under appeal is set forth in the appendix to the appellant's brief.
The examiner relied upon the following prior art references of record in rejecting
the appealed claims:
Jones 793,379 Jun. 27, 1905
Sainsbury 5,074,279 Dec. 24, 1991
Lamkin (British patent specification) 2253 Jan. 13, 1910
The following rejections are before us for review.
Claims 1-13 stand rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter which
appellant regards as the invention.
Claims 1-4, 7 and 13 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Lamkin.
Claims 1-4 and 7-11 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Jones.
Claims 1-4, 7 and 13 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Sainsbury.
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