Ex Parte Shin - Page 16



             Appeal 2007-0002                                                                                    
             Application 10/188,485                                                                              
             the known cooking methods of Naramura by using Naramura’s apparatus to grill                        
             vegetables to expand the variety of sandwich offerings, by cooking the bread with                   
             impinging heated air for increased speed and improved taste and texture, as taught                  
             by Smith, and by cooking the bread and sandwich contents concurrently and                           
             simultaneously for improved efficiency of preparation and productivity, as taught                   
             by Russell.  As such, the method of claim 1 would have been obvious in view of                      
             Naramura, Smith, and Russell.                                                                       
                   Claims 3 and 8 further recite that the bread is slightly under baked prior to                 
             toasting.  Glaros discloses that partially-baked bread products were known in the                   
             art at the time of the invention.  In particular, Glaros discloses a partially-baked                
             bread product that is made by heating the dough in an impingement oven until                        
             partially-baked and then immediately freezing the bread (FF 25).  Glaros teaches                    
             that this partially-baked bread product provides the benefit of allowing the retail                 
             store to complete the baking in a short amount of time while still achieving the                    
             aroma, texture and moistness of a freshly-baked bread product (FF 26, 27).  It                      
             would have been obvious to one having ordinary skill in the art at the time of the                  
             invention to have used a partially-baked bread product, such as that described in                   
             Glaros, in the assembly of Naramura to manufacture sandwiches, to achieve the                       
             stated benefits of aroma, texture, and moistness, because this would make the                       
             sandwich more appealing to customers.  As such, we find that claims 3 and 8                         
             would have been obvious in view of the combined teachings of Naramura, Smith,                       
             Russell, and Glaros.                                                                                



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