Ex Parte Scioscio - Page 8

                Appeal 2007-2893                                                                             
                Application 10/818,885                                                                       

                Second, Proctor teaches that the heat-transfer liquid “substantially fills the               
                sealed cavity” (col. 2, ll. 33-34) but does not expressly teach that the cavity              
                is filled to at least 95 percent of its volume.                                              
                      Park teaches a cooking utensil having a double-layered structure                       
                which preserves heat efficiently as well as providing even heat distribution                 
                to materials within the utensil (Park, abstract).  Park’s cooking utensil is “at             
                least partially filled with a heat conduction medium . . ., such as silicon oil or           
                other suitable materials known to one of ordinary skill in the art” (Park, col.              
                4, ll. 40-43).  More specifically, Park teaches that the sealed cavity formed                
                between the inner and outer walls of the utensil be “filled with silicon oil up              
                to about 55 to 90% by volume” (Park, col. 4, ll. 43-44).                                     
                      Accordingly, Park compliments the teachings of Proctor by teaching                     
                that silicon oil is recognized by those of ordinary skill in the art to be a heat-           
                transfer oil that is suitable for filling a cavity formed between two sealed                 
                walls of a cooking container.  Further, as discussed above, both Park and                    
                Proctor identify that a variety of heat-transfer materials are known in the art              
                and are suitable equivalents for filling the cavity formed between two sealed                
                walls of a cooking container.  Therefore, we find that it would have been                    
                prima facie obvious to modify Proctor with the teachings of Park to include                  
                silicon oil as the heat-transfer oil.  Where, as here, the prior art recognizes              
                two components to be equivalent, an express suggestion to substitute one for                 
                another need not be present in order to render such substitution obvious.  In                
                re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982).                                   
                      In addition, both Proctor and Park teach that the cavity formed                        
                between the inner and outer wall of the container is “at least partially,” e.g.,             


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