Appeal No. 2003-1754
Application No. 09/821,137 Page 11
bread. Dr. Levine concludes that the sealed sandwich depicted in
U.S. patent No. 6,004,5965 was not duplicated by the sandwich he
made with the CUT-N-Seal-like device. Moreover, a sandwich
having the brand name “Uncrustables” was obtained by Dr. Levine
and found by him to have an edge seal that differed from that of
his CUT-N-Seal-like device prepared sandwich.
The declaration of Mr. Cooke provides a report on
experiments using a device described in U.S. Patent
No. 2,765,755, which device is described as being like the
Tartmaster device sold by the Pampered Chef. At numbered
paragraph 4 of that declaration, Mr. Cooke declares that
“[e]xperiments by me using the ‘Tartmaster’ show clearly that
this only results in ‘crimped’ and partially cut pieces of
bread.”
5 The present application was filed as a continuation of
application No. 09/404,701, now abandoned, which latter
application was filed as a continuing (divisional) application of
prior application No. 08/986,581. Grandparent application No.
08/986,581 was issued as U.S. Patent No. 6,004,596. That patent
is currently undergoing reexamination (Control No. 90005948).
Moreover, U.S. Patent No. 6,004,596 is involved in litigation
(brief, page 27). Application No. 10/314,770 was filed as a
continuation of the present application and related application
No. 09/845,925 is on appeal (appeal No. 03-1775). Prior to final
disposition of this application, the examiner should also address
any questions of obviousness type double patenting between the
claims of the related applications and patent.
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