Frohlich argues that Goswami shows a heater 30 positioned on one side of the phase
change material pellets 52. However, as with the Howell reference, the phase change material
surrounds the heater, and therefore the heater is not positioned on one side of the phase change
material. Based on this record, Frohlich fails to provide an explanation as to how the heater is
positioned on one side. For this reason, Frohlich has failed to demonstrate that Goswami, as
applied, anticipates Baldwin claims 20 and 40.
Marney reference
Frohlich argues that Baldwin claims 20, 26, 28, 30, 36, 38, 40, 46 and 48 are anticipated
by Marney (motion at 15).
Baldwin claims 20, 26 and 28
Frohlich has sufficiently demonstrated that Marney meets the limitations of Baldwin
claims 20, 26 and 28. Specifically, Marney shows in figure 7 a container, i.e. any one of
containers 27-31, with a phase change material inside the container, and a heater assembly, i.e.,
any one of heater elements 62-66 (claim 26) positioned on one side of any one of containers 27-
31 (Baldwin claims 20 and 26), with a thermostat 76 (claim 28). Baldwin does not specifically
address the application of Marney with respect to Baldwin claims 20, 26 and 28.
Baldwin’s arguments are directed to the claim language in Baldwin claims 30, 36, 38, 40,
46 and 48. Specifically, Baldwin argues that Marney fails to describe a phase change thermal
assembly that is removable in a pouch, and that Marney fails to describe a pizza heater for
keeping pizzas warm during delivery (opposition at 14-16). Baldwin claims 20, 26 and 28 do
not include the limitations that Baldwin argues are not described by Marney. Baldwin is silent
with respect to the specific limitations of Baldwin claims 20, 26 and 28. Accordingly, since
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