Appeal No. 2003-1754
Application No. 09/821,137 Page 6
described as being centrally located inside a perimeter of the
first slice of bread in the illustration at the top left corner
of page 7 of Kaiser. Moreover, that bread slice includes an edge
crust. As evidenced by the illustrations and as would be
understood by one of ordinary skill in the art, the slice of
bread is located or placed on a supporting surface for adding the
filling thereto. A second slice of bread is taught as being
placed on the first slice with the central filling therebetween
as illustrated at page 7 of Kaiser. The two slices of bread
containing the filling is then cut and crimped using a Tartmaster
device including a cutting edge that surrounds the filled area of
the bread slices as shown on page 7 and as suggested by the 1/4
inch margin for sealing described on page 11 of Kaiser. The
examiner has reasonably determined that Kaiser suggests to one of
ordinary skill in the art that the outside cutting edge of the
Tartmaster device would have been used to positively cut through
the slices of bread, much like the well-known use of a cookie
cutter, which the examiner takes official notice of at page 6 of
the answer. Moreover the position of the hand, including the
fingers, in the illustration at page 7 supports the examiner’s
reasonable determination that Kaiser suggests to one of ordinary
skill in the art that the outside cutting edge of the device
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