Ex Parte Pestrue - Page 3



                 Appeal No. 2006-0376                                                                                 
                 Application No. 09/971,866                                                                           

                                                      Opinion                                                         
                        We have carefully considered the subject matter on appeal, the rejection                      
                 advanced by the examiner and the evidence of obviousness relied upon by the                          
                 examiner as support for the rejection.  We have, likewise, reviewed and taken                        
                 into consideration, in reaching our decision, appellant’s arguments set forth in the                 
                 brief along with the examiner’s rationale in support of the rejection and                            
                 arguments in rebuttal set forth in the examiner’s answer.                                            
                        With full consideration being given to the subject matter on appeal, the                      
                 examiner’s rejection and the arguments of appellant and the examiner, and for                        
                 the reasons stated infra we sustain the examiner’s rejections of claims 1 through                    
                 11, 13, 15 through 18 and 20 under 35 U.S.C. § 103.  However, we will not                            
                 sustain the examiner’s rejection of claims 12, 14 and 19 under 35 U.S.C. § 103.                      


                 Rejection of claim 1                                                                                 
                        On pages 6 through 9 of the brief, appellant asserts that Reynolds                            
                 teaches a front-opening cabinet used for commercially broiling meats and other                       
                 foods.  As such appellants argue, on page 7 of the brief,  “it would not be                          
                 practical to cook in a separate pot over either of the burners of Reynolds.”                         
                 Appellant argues, “[t]he cooking apparatus of Reynolds is provided with leveling                     
                 means such as floor engaging screws (Reynolds’853, col. 2, lines 47-50).  Proper                     


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