Appeal No. 2003-1775
Application No. 09/845,925 Page 16
art would have especially recognized the well-known combination
of peanut butter and jelly as asserted by the examiner, as an
option for the filling). 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 on top of
that peanut butter and apply another layer of peanut butter next
to the top slice of bread so as to prevent the bread from getting
soggy. Since one disclosed purpose of the two peanut butter
layers in making the sandwich is to protect the bread from
contact with the jelly as taught by Shideler, the examiner has
fairly determined that one of ordinary skill in the art at the
time of the invention would have drawn the reasonable inference
from the teachings of the applied references that the peanut
butter should be applied in a manner so as to encapsulate the
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