Appeal 2007-0002
Application 10/188,485
surface of each layer evenly draws much of the moisture
outwardly from the bread underneath the surface. As a
result, the toasted crust is formed extending from the
surface to a substantially uniform depth beneath the
surface. Moisture retained by the bread underneath the
surface is drawn outwardly toward the surface and
buffers the heat, thereby enabling the surface to
withstand the heated air currents without becoming burnt
or brittle. Initially, the bread underneath the surface
softens, as it gets warmer. (Specification 8:[0020] –
10:[0021].)
3. The Recipe discloses cooking the vegetables and beef and keeping
these sandwich contents warm while toasting the bread on the griddle.
4. The Recipe does not disclose toasting the bread by impinging heated
air surroundingly against the bread.
5. Russell teaches using radiant heat both to heat food in food heating
chamber 30 and to heat bread in bread heating chambers 32 and 34 (Russell, col. 4,
ll. 41-43 and 51-52).
6. Russell does not disclose toasting the bread by impinging heated air
surroundingly against the bread.
PRINCIPLES OF LAW
In rejecting claims under 35 U.S.C. § 103(a), the examiner bears the initial
burden of establishing a prima facie case of obviousness. In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). See also In re Piasecki, 745
F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984). It is incumbent upon the
examiner to establish a factual basis to support the legal conclusion of obviousness.
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