Appeal No. 2006-1588
Application No. 10/707,526
THE REJECTIONS
The claims stand rejected as follows: claims 1, 6 and 7
under 35 U.S.C. §102(b) as anticipated by Leo, and claims 8, 9,
14, 18 and 19 under 35 U.S.C. §103 as obvious over Leo in view of
Shadduck.
OPINION
We affirm the rejection under 35 U.S.C. § 102(b) and reverse
the rejection under 35 U.S.C. § 103.
Rejection under 35 U.S.C. § 102(b)
Leo discloses an apparatus for slicing molded, jelly-like
materials such as foodstuffs (page 1, left column, lines 1-17).
The apparatus includes a vertical tubular receptacle (20) in
which a jelly-like material formed or placed therein is slidable
(page 1, left column, lines 26-37). In the slicing operation,
the tubular receptacle is inverted and placed over a cutting
apparatus, and as the jelly-like material slides out of the
receptacle it falls onto a plate (37) (page 1, left column, lines
36-40; page 2, left column, lines 1-12 and 55-58). A plunger
arm (43) then is forced inwardly by pushing on its handle (44),
thereby forcing a knife (42) through the jelly-like material to
cut a slice therefrom while at the same time moving the plate so
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