Appeal No. 2004-0380
Application No. 09/092,167
F. Gressette, It’s Casserole Time Again Quick and Easy Casseroles
Put Convenience In Your Freezer, Miami Herald, Oct. 12, 1989, at
1E.
M. Hanzel, Beach Week Recipes Cater to Children’s Tastes,
Richmond News Leader (VA), August 15, 1990, at 4.
Korn et al. (Korn), Pasta - The Good Cook Techniques & Recipes,
pp. 52-56 (Time-Life Books, Chicago, IL 1980).
All of the appealed claims are rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Hanzel in view of Korn and
further in view of Gressette.
We refer to the brief and reply brief and to the answer for
a complete exposition of the contrary viewpoints expressed by the
appellant and by the examiner concerning the above noted
rejection.
OPINION
For the reasons which follow, this rejection cannot be
sustained.
On page 5 of the answer, the examiner expresses his basic
position as follows:
With respect to claim 40, the recipe disclosed in the
article [i.e., the Hanzel article] meets all the claim’s
limitation[s]. It would have been obvious to one skilled in
the art to cook the lasagna segments side-by-side in a
cooking liquid because this is a conventional way of heating
lasagna as shown by the reference to Korn et al. This is
logical reasoning which would have been readily apparent to
one skilled in the art.
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