Ex Parte Ozawa - Page 7

                Appeal 2006-2173                                                                             
                Application 09/519, 999                                                                      

                purpose of heating the liquid to hydrate a separate permeable compartment.                   
                The Examiner concludes that it would have been obvious to include an                         
                internal heating element and the liquid accommodation bag of Ooyama                          
                (Final Rejection 6).  Appellant does not dispute that Hoffman teaches an                     
                internal heating element for heating a liquid as suggested by the Examiner.                  
                (See Brief, pages 13-14).  Appellant's arguments regarding Ooyama's                          
                steaming environment are not persuasive of any reversible error in the                       
                Examiner’s proposed introduction of a heating element in the liquid                          
                accommodation bag of  Ooyama based on the combined teachings of the                          
                applied references 3                                                                         
                      Claim 29 stands rejected under 35 U.S.C. §103 (a) as obvious over                      
                Ooyama, Hoffman, and Chung.  The Examiner relies on the Chung reference                      
                for teaching the use of additional food containing accommodation bags.                       
                Appellant argues that Chung is not combinable with the steaming                              
                embodiment of Ooyama because the additional bags are located above the                       
                liquid containing bag and cannot be located around the first liquid                          
                accommodation bag (Br. 14).  Appellant’s purported distinction regarding                     
                the location of the secondary bags is not persuasive.  Ooyama discloses that                 
                the food item to be cooked can be separated from the liquid containing bag                   
                through the use of a partition or a separate bag.  The inclusion of additional               
                secondary bags containing various items which need to be cooked would                        
                                                                                                            
                3 It is noted that the vapor that is released from the liquid accommodation                  
                bag will be trapped inside the outer bag (10).  This vapor will build inside                 
                the container until sufficient pressure is obtained to cause the steam-                      
                pressure-releasing vent (21) to open.  Thus, it appears that the vapor released              
                from the liquid containing accommodation bag would surround and                              
                submerge at least a portion of the containers inside the outer bag.                          
                                                     7                                                       


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