Appeal 2007-2324
Application 10/629,775
discloses a stove having a “side panel 11” (Vonderhaar, col. 5, l. 8), a “panel
support member 134” (id. at col. 6, l. 51), and “dimpled sections 136” (id. at
col. 6, l. 59), respectively urged by the Examiner as corresponding to claim
26’s side plate, fire plate, and cabinet holder (see also, id. at Figure 5). We
also note Vonderhaar’s disclosure that the panel support member has a
bottom flange 135 that has “a plurality of openings adapted to be aligned
with the openings in the dimpled sections 136 for mounting the support
member,” and that the disclosed configuration “substantially lessen[s] the
conductive heat passing from the oven cavity through the top liner section to
the control panel” (id. at col. 6, ll. 58-65).
However, we do not see where the passages cited by the Examiner or
any other portions of Vonderhaar disclose that the asserted cabinet holder
136 inserts into both the side plate 11 and the fire plate 134, in a manner
allowing the side and fire plates to be fastened together, as claim 26 requires.
Moreover, we do not see where Holub suggests that any of the elements in
Vonderhaar should be modified so as to result in the configuration required
by claim 26.
Regarding the Examiner’s alternative basis for rejection, we note that
Vonderhaar discloses “a burner box generally indicated at 77” (Vonderhaar,
col. 4, ll. 72-73), and “main section 82 of each [side] panel 11 . . . bent at the
front thereof to form a . . . flange 84 generally parallel to the main section 82
and spaced therefrom” (id. at col. 5, ll. 9-13; see also Figure 5). Vonderhaar
also discloses that the flange 84 in main section 82 has slots 85 which
accommodate pins 86, allowing mounting of the side panels 11 to the stove’s
base 10 (id. at col. 5, ll. 23-32).
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