Appeal 2007-0002
Application 10/188,485
Naramura also does not disclose toasting the bread by impinging heated air
surroundingly against the bread (FF 16). Smith teaches that impingement ovens,
which use jets of heated air to cook food products at a much higher rate and lower
temperature than can be accomplished with still air or forced air convection ovens,
were known in the art at the time of the invention (FF 22). Smith also teaches an
advantage of impingement ovens is that they brown food products on the surface
without drying out the interior portions of the product (FF 24). It would have been
obvious to one having ordinary skill in the art to have used impinging heated air in
Naramura’s apparatus to automatically toast the buns because the impingement
cooking method would toast the bread more quickly and provide an improved
texture, thereby further improving on Naramura’s stated goal of heightened
productivity. KSR, 127 S. Ct. at 1739, 82 USPQ2d at 1395 (“The combination of
familiar elements according to known methods is likely to be obvious when it does
no more than yield predictable results.”)
Finally, although the grilling and toasting steps in Naramura occur
concurrently, Naramura does not explicitly describe the relative amount of time it
takes to toast the bun halves and grill the meat, such that it is abundantly clear that
the two steps occur simultaneously for a substantial majority of the time (FF 15).
As found by the Examiner, Russell teaches simultaneous heating of a bun and meat
(FF 17). Russell further teaches several techniques for achieving simultaneous
cooking times (FF 18). For example, Russell teaches adjusting cooking times
based on, for example, altering the distance between the heat element and the bun
(FF 19), or altering the thickness of the food (FF 20). Russell further teaches that a
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