Appeal 2006-2547
Application 10/095,409
Patent 6,237,775
1 rejected under 35 U.S.C. § 103(a) as unpatentable over Brandenburg in view
2 of Branz and Rostkowski, as applied to claims 1 and 24, and further in view
3 of Meyer.
4 Discussion
5 We have carefully considered all of the arguments advanced by
6 Appellants in their Appeal Brief and Reply Brief, filed January 6, 2006 and
7 May 12, 2006, respectively, and by the Examiner as set forth in his Answer
8 mailed March 13, 2006. In the Final Rejection mailed August 4, 2005, the
9 Examiner had rejected claims 1-5, 18-22 and 24-28 under 35 U.S.C. § 112,
10 first paragraph (lack of original descriptive support). However, according to
11 the Answer only claims 24-28 stand rejected under 35 U.S.C. § 112, first
12 paragraph. Therefore, we dismiss the rejection of claims 1-5 and 18-22
13 under 35 U.S.C. § 112, first paragraph (lack of original descriptive support).
14 Rejection of claims 24-28 under § 112, first paragraph
15 The side wall of the food pan recited in claim 24 has an imperforate
16 lower portion abutting the bottom of the pan, an upper edge and "an upper
17 portion abutting the upper edge, the upper portion including at least one vent
18 there through adjacent to the upper edge, the vent being partially covered by
19 a louver." According to the Examiner, recitation of "an upper portion
20 abutting the upper edge" lacks original descriptive support because it "adds
21 an abutting structure that was not shown in a drawing or discussed in the
22 written text of the original specification, claims or abstract" (Answer, 4).
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: September 9, 2013