Appeal No. 2003-1754
Application No. 09/821,137 Page 8
Kaiser, as outlined above and in the answer, would have left
portions of each of the two cut bread slices exposed around the
periphery thereof. This is readily apparent upon a review of the
entirety of Kaiser, including the pastries and other pies
illustrated on the cover pages according to the examiner (answer
pages 5 and 6).
As for the spaced pressure points called for in claim 47,
the examiner has reasonably determined that the inner crimping
and sealing ring of the Tartmaster (for example, models H2001 and
H2003) used by Kaiser would have resulted in spaced pressure
points along the sealed perimeter area of crustless sandwiches
being made as evident by the spaced depressions shown on the
products illustrated on the cover pages and the sandwich
illustrated on page 115. As for claims 53 and 54, Kaiser teaches
that sandwiches can be wrapped and stored at page 43. Moreover,
the examiner has fairly recognized (answer, page 5) that it would
have been obvious at the time the invention was made for one of
ordinary skill in the art to package the sandwiches made for
storage thereof. In maintaining the rejection, the examiner has
basically taken the position that providing an air tight
packaging step (for storage) would have been suggested to one of
ordinary skill in the art as an obvious technique for wrapping
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