Ex Parte Feldewerth et al - Page 2




              Appeal No. 2005-1539                                                                       2               
              Application No. 09/799,275                                                                                 


              prevent hot spots, and to divert excess fats and grease from grilled foods during grilling                 
              away from direct contact with the cooking flame.  Independent claims 16 and 18 are                         
              representative of the subject matter on appeal and a copy of those claims can be found                     
              in the Appendix to appellants’ brief.  Claim 16 reads on the grilling surface seen in                      
              Figures 2A-2C, while claim 18 reads on the embodiment seen in Figures 3A-3C.                               


                    The references of record relied upon by the examiner to reject the claims on                        
              appeal are:                                                                                                
              Gremillion                                4,630,593                    Dec. 23, 1986                       
              Latour et al. (Latour)                    4,979,440                    Dec. 25, 1990                       
              Barker et al. (Barker)                    5,111,803                    May  12, 1992                       
              Stanek et al. (Stanek)                    5,911,812                    Jun.  15, 1999                      
                                                                                                                        
                    Claims 9 and 16 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                     
              Barker.                                                                                                    


                    Claims 18 and 19 stand rejected under 35 U.S.C. § 102(b) as being anticipated                       
              by Latour.                                                                                                 


                    Claims 14, 15 and 17 stand rejected under 35 U.S.C. § 103(a) as being                               
              unpatentable over Barker in view of Stanek.                                                                








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