Appeal 2007-2488
Application 10/081,483
1 Claims 12 and 13 are rejected under 35 U.S.C. § 103(a) as being
2 unpatentable over Frutin I and Rudick as applied to claims 1, 3, 5-8, 15, and
3 16 and further in view of Kohler. (Answer at 4-5).
4 Claim 14 is rejected under 35 U.S.C. § 103(a) as being unpatentable
5 over Frutin I in view of Kohler as applied to claims 12 and 13 and further in
6 view of Berg, Jr. (Berg) (Answer at 5-6).
7 Claims 17 and 18 are rejected under 35 U.S.C. § 103(a) as being
8 unpatentable over Frutin I as applied to claims 1, 3, 5-8, 15, and 16 and
9 further in view of Frutin II. (Answer at 6-7).
10 Claims 1, 4, 9, and 10 are rejected under 35 U.S.C. § 103(a) as being
11 unpatentable over Hoffman in view of Denton. (Answer at 7-8).
12 Claim 11 is rejected under 35 U.S.C. § 103(a) as being unpatentable
13 over Hoffman in view of Denton as applied to claims 1, 4, 9, and 10 and
14 further in view of Bergman. (Answer at 8-9).
15 For each ground of rejection where a group of claims stand rejected,
16 we have selected a representative claim for the group since no claim within a
17 group has been argued separately in the Appeal Brief. See 37 C.F.R. §
18 41.37(c)(vii).
19 In this decision we refer to the Applicants as “Farr”.
20 II. Findings of fact
21 The record supports the following findings of fact as well as any other
22 findings of fact set forth in this decision by a preponderance of the evidence.
23 1. Claim 1, below, illustrates the claimed invention:
24 A beverage product comprising a dispenser and a beverage in which
25 the dispenser has a container for holding the beverage and a valve which
26 is biased to a position where it seals the container but which is openable
3
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