Ex Parte Feldewerth et al - Page 5




              Appeal No. 2005-1539                                                                       5               
              Application No. 09/799,275                                                                                 


                    In addition to the foregoing, Barker also discloses (col. 3, lines 17-24) that it is                
              preferred that buffer member (2) be reversible, so that orientation of its upper and lower                 
              surfaces (14) and (16) can be reversed.  It is noted that such reversal provides a self-                   
              cleaning feature in that any accumulated build-up of food debris on one surface would                      
              be burnt off by turning over the plate so that that surface is facing the burner element                   
              (8).  Figure 3 of Barker shows a preferred form of reversible buffer member provided by                    
              a symmetrical design of pockets (18) oppositely extending in similar or regular fashion                    
              on both surfaces (14) and (16) of plate (12).                                                              


                    Appellant’s arguments on pages 9-11 of the brief appear to focus on Figure 1 of                     
              Barker and the orientation of the buffer member (2) as seen therein.  In particular,                       
              appellants contend that Barker discloses the opposite of the grilling surface defined in                   
              claim 16 on appeal, because Barker’s pyramid shaped members narrow upwardly,                               
              rather than downwardly, and are thus distinct from the similar structures of appellants’                   
              claimed grilling surface.  This line of argument however ignores the disclosure in Barker                  
              that the buffer member (2) is reversible, so that orientation of its upper and lower                       
              surfaces (14) and (16) can be reversed, thereby providing a self-cleaning feature in that                  
              any accumulated build-up of food debris on one surface would be burnt off by                               











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