Appeal Number 2006-2869
Application No. 10/385,520
BACKGROUND
The appellants’ invention relates to a low profile gas burner for a cooking appliance
(specification, page 1). In particular, the invention relates to an intermediate portion of the gas
burner maintaining a vertically spaced relationship between the inlet portion and the outlet
portion of .75 inch to about 2.5 inch (specification, page 3). More specifically, the intermediate
portion maintains a vertically spaced relationship between the inlet portion and the outlet portion
of at least one tubing diameter, and more preferably, two tubing diameters (id.).
Claim 1 is representative of the invention, and is reproduced as follows:
A cooking appliance comprising:
an oven cavity; and
a gas burner assembly positioned within the oven cavity, said gas burner assembly
including a first end, defining an inlet portion, interconnected with a second end, defining
an elongated outlet portion, through an intermediate portion, wherein said intermediate
portion maintains a vertically spaced relationship between the inlet portion and outlet
portion, said spaced relationship being from about 0.75 inches (1.91 cm) to about 2.5
inches (6.35cm).
The prior art reference of record relied upon by the examiner in rejecting the appealed
claims is:
Perry 3,422,809 Jan. 21, 1969
Claims 1-14 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Perry.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellants regarding the above-noted rejection, we make reference to the answer (mailed March
23, 2006) for the examiner's complete reasoning in support of the rejection, and to the brief (filed
January 23, 2006) and reply brief (filed May 24, 2006) for the appellants’ arguments
thereagainst.
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