Appeal No. 2003-1775
Application No. 09/845,925 Page 3
generally centered on said first layer of peanut butter
leaving an exposed surface of said first peanut butter layer
surrounding said jelly layer, a second layer of peanut
butter over said first layer of peanut butter and sealed to
said first peanut butter layer at said exposed surface
whereby said jelly is encapsulated by peanut butter of said
layers, said cut bread portions being sealed by compression
between said outer margins and in a sealed marginal area
whereby said compressed sealed outer margins are free of
peanut butter and/or jelly and spaced outwardly from said
layers of peanut butter, closely spaced depressions of
compacted bread along said sealed marginal area to crimp
said compressed marginal area at spaced points to prevent
said bread portions from separating at said outer perimeters
and with said compressed marginal area extending outwardly
to said outer shapes of said bread portions defined by said
perimeters.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Kaiser, Pasta, Pies and Pastries, “Tart Recipes from around the
World” , pp. 2, 7-9, 11, 30, 43, 48, 115 and 116, cover pages, an
unnumbered page entitled “About the Author”, two unnumbered pages
illustrating devices, and a “Table of Contents” page (no
publication date provided).1
Shideler, “Ways to Make it Through the First Day of School,”
Wichita Eagle, Aug. 14, 1994.
Claim 39 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over Kaiser. Claims 40 and 41 stand rejected under
1 Appellants do not dispute the examiner’s finding that the
excerpts from Kaiser, which were submitted by appellants,
represent published prior art to the here claimed invention. A
1992 or earlier publication date is attributed to the book
containing the excerpts. See page 3 of the examiner’s answer.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007