Appeal No. 2003-1754
Application No. 09/821,137 Page 18
and (3) “covering said layer of fruit spread by a second layer of
peanut butter ‘contacting said first layer of peanut butter to
encapsulate said fruit spread’.” We disagree.
Kaiser (page 11) teaches that the sandwich filling can be
selected from a relatively small list of ingredients that
includes peanut butter and jelly or jam as separately listed
ingredients. Kaiser teaches that a combination of the listed
ingredients may be used. Kaiser (page 11) also teaches that
“[w]hen using a moist filling, spread the bread with butter,
margarine or mayonnaise to prevent the bread from getting soggy.”
Correspondingly, Shideler teaches that “if you put peanut butter
on both slices of bread, the jelly in the middle won’t make the
bread soggy.”
Based on the combined teachings of Kaiser and Shideler, the
examiner (answer, page 5) has reasonably determined that it would
have been obvious for one of ordinary skill in the art at the
time of the invention to apply peanut butter on the bottom slice
of bread in Kaiser as a filling ingredient, add jelly (fruit
spread) on top of that peanut butter and apply another layer of
peanut butter on the top of the jelly (next to the top slice of
bread) so as to prevent the bread from getting soggy. Since one
purpose of the two peanut butter layers in making the sandwich is
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