Ex Parte Scioscio - Page 12

                Appeal 2007-2893                                                                             
                Application 10/818,885                                                                       

                depends from and further limits claim 8, requiring that the shell, second                    
                heat-conductive plate and lid are all composed of stainless steel.  As                       
                discussed above, Proctor’s container “may be used with a liquid or solid held                
                in any type or size container and is useable in the food serving field in                    
                general.  The present invention can be used with cafeteria serving pans and                  
                coffee storage pots which store coffee made in large urns” (Proctor, col. 4, ll.             
                62-66).  In this regard, we find that a person of ordinary skill in the art                  
                would recognize that cooking containers, such as coffee pots and those                       
                containers usable in the food serving field, e.g., cafeteria serving pans, have              
                lids.  Further, as discussed above, Proctor teaches the use of stainless steel               
                for the inner and outer walls of the cooking container.  We find that a person               
                of ordinary skill in the art would recognize that lids can be made of stainless              
                steel.  Accordingly, we find that claims 7-9 would have been prima facie                     
                obvious to a person of ordinary skill in the art at the time the invention was               
                made in view of the combination of Proctor and Park.                                         
                      Claim 10 depends from and further limits the shell of claim 1 to                       
                comprise a sauce pot.  As discussed above, Proctor’s container “may be used                  
                with a liquid or solid held in any type or size container and is useable in the              
                food serving field in general.  The present invention can be used with                       
                cafeteria serving pans and coffee storage pots which store coffee made in                    
                large urns” (Proctor, col. 4, ll. 62-66).  We find that a person of ordinary                 
                skill in the art would recognize that containers usable in the food serving                  
                field include a sauce pot.  Accordingly, we find that claim 10 would have                    
                been prima facie obvious to a person of ordinary skill in the art at the time                
                the invention was made in view of the combination of Proctor and Park.                       


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