Appeal No. 2004-0380
Application No. 09/092,167
Indeed, an artisan plainly would not have been motivated to
provide the Hanzel process with such a step in view of the fact
that the frozen lasagna segments of Hanzel already include a
pasta sauce topping as earlier explained.
Under these circumstances, it is apparent that the examiner
has failed to establish a prima facie case of obviousness with
respect to the subject matter defined by the independent claim on
appeal. For this reason, we cannot sustain the examiner’s
Section 103 rejection of all appealed claims as being
unpatentable over Hanzel in view of Korn and further in view of
Gressette.
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