Appeal No. 2005-0264
Application No. 09/139,298
that it was well known at the time of filing the present
application for remote consumers to order desired goods from
their home telephones or computers, e.g., items from a grocery
store or products from a retail store. As a result, we find
nothing unobvious in utilizing the known technique for remotely
ordering products to command the automated baking of a desired
baked good. Also, we agree with the examiner that it would have
been a matter of obviousness for one of ordinary skill in the art
to scale down a computer-controlled, automated commercial bakery
to a size that is amenable to a retail store. Inasmuch as the
prior art establishes that a plethora of commercial bakery
operations can be automated by a computer, such as inventory,
bookkeeping, and baking itself, we find that it would have been
obvious for one of ordinary skill in the art to automate the
baking of a particular baked good by the ultimate consumer of
the good. Also, we note that the “comprising” language of claim
1 “opens” the claim to include other machines in addition to the
one recited in the claim.
As a final point, we note that appellant bases no argument
upon objective evidence of nonobviousness, such as unexpected
results, which would serve to rebut the prima facie case of
obviousness established by the examiner.
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