Appeal 2007-0875
Application 10/774,692
Ohmura teaches that exposing the crumb portion by dividing (slicing) the
bread is “not preferable” (col. 6, ll. 54-64; see factual finding (4) listed
above), all disclosures of Ohmura, including unpreferred embodiments, must
be considered in determining obviousness for what they fairly would have
suggested to one of ordinary skill in this art. Whether the heat treatment is
done before or after slicing, at least some portion of the bread slices will be
“toasted” as construed above.
For the foregoing reasons and those stated in the Answer, we affirm
the rejection of all of the appealed claims under § 103(a) over Ohmura. The
decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv)(2006).
AFFIRMED
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Chicago, IL 60603-3406
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