Appeal No. 2003-1775
Application No. 09/845,925 Page 12
margin of bread around the edge for a secure seal.”6 Against
that background, we do not find appellants’ arguments about a
lack of suggestion in Kaiser of sealing the cut bread slices at
an outer margin area free of filling to be persuasive.
From the above discussion, it follows that we do not agree
with appellants assertions concerning the argued spaced
depressions as being distinguishing features. Kaiser describes
or suggests sealing the bread slices via the use of the inner
crimping ring of the Tartmaster. See the products on the cover
pages that depict sealed edges, the Tartmaster H2003, and pages
11, 15, 30 and 43 of Kaiser. Clearly, the product sandwiches of
Kaiser that are made have depressions formed by the use of that
Tartmaster device. Thus, we agree with the examiner that use of
the Tartmaster inner sealing and crimping element (ring) will
result in spaced pressure points or depression as claimed as
6 Moreover, we note that appellants furnish evidence with
their brief, such as Funabashi et al., U.S. Patent No. 4,608,918,
(brief, attachment No. 3), which patent teaches “causing outer
peripheries of the sandwich to adhere to each other” (column 2,
lines 47 and 48) using “an adhesive force of the sliced breads
themselves” (column 3, lines 41 and 42). Also, see Sollerund
(U.S. Patent No. 3,782,270, attachment No. 2 of the brief) at
column 1, lines 58-63 and column 2, lines 16-21. See In re
Hedges, 783 F.2d 1038, 1039-40, 228 USPQ 685, 686 (Fed. Cir.
1986).
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