Appeal 2007-0002
Application 10/188,485
Appellant has shown that the Examiner erred in finding that the Recipe and Russell
render claims 1 and 3-10 obvious.
FINDINGS OF FACT (FF)
The following enumerated findings are supported by at least a
preponderance of the evidence. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7
USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard
for proceedings before the Office).
1. Claim 1 includes the step of “initiating toasting two layers of baked
bread by impinging heated air surroundingly against said bread.”
2. The Specification describes this step as follows,
Although a toaster oven can be used, it is preferred
that toasting 14 is performed using an impinging oven.
Generally, the impinging oven has multiple heating
elements oriented in several directions toward the layers
of bread and an air impeller for forcing air over the
heating elements and directing the heated air against the
bread.
. . .
Toasting 14 is performed until the bread becomes
surroundingly toasted, meaning that each layer has a
toasted crust enveloping a center comprised of soft bread.
During toasting 14, the heated air is impinged against the
entire surface of each layer of bread, which absorbs the
heat and becomes warmed thereby. The temperature of
the surface increases before the heat moves inwardly and
increases the temperature of the center region of the
bread. Thus, the surface of the bread is heated more than
the bread in the interior below the surface. The
surrounding contact of heated air currents against the
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