Appeal 2007-1907
Reexamination Control No. 90/007,178
Patent 6,730,333 B1
1 claims present in his reexamination application. We have jurisdiction under
2 35 U.S.C. § 6.
3 We AFFIRM.
4 B. Findings of Fact
5 The following findings of fact and any set out in the Discussion
6 section are supported by a preponderance of the evidence of record. Any
7 conclusions of law should be treated as such.
8 1. The 90/007,178 application ("application") is the vehicle for
9 reexamination of U.S. Patent 6,730,333 B1 (the application is cited as the
10 "333 patent").
11 2. The claimed subject matter relates to a fruit based beverage.
12 3. The real parties in interest are DBC and XanGo. (Br. at 1.)4
13 4. Litigation involving the ‘333 patent was filed, and is presently stayed,
14 in the United States District Court for the District of Utah, Case No.
15 2:04cv405. (Br. at 2).
16 5. The Appellants have withdrawn their appeal as to claims 29-43 (Br. at
17 3, fn. 2). Accordingly, the rejection as to claims 29-43 is summarily
18 AFFIRMED herein.
19 6. This decision addresses the rejection of claims 1-28 and 44-81.
20 7. Oral Argument was heard on this appeal on June 20, 2007, from 10:00
21 to 10:30 AM.
4 All references to the Appellants’ Brief refer to the Appellants’ Amended
Appeal Brief, filed December 16, 2005.
2
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