Appeal No. 94-4150
Application 07/911,354
Mitchell.
The appellant also argues that ?the container [of the
appealed claims] is sufficiently rigid to maintain its
substantially tetrahedral shape during contact? whereas ?[t]he
Mitchell container does not do so? (Supplemental Brief, page 7).
For a number of reasons, this argument is unconvincing.
Certainly, the tea bag of Mitchell exhibits a tetrahedral
shape when disposed in the air from its strip 13 and tab 14
(e.g., see Figure 3 of the drawing and lines 10 through 25 in
column 2). The air/tea contact which occurs in this disposition
is encompassed by the broad claim 17 recitation of ?contact
between fluids and solid materials? since the claim phrase
?[granular] solid materials? embraces tea as previously explained
and since the claim term ?fluids? embraces a gas including air.
In any case, it is appropriate to conclude that Mitchell’s tea
bag maintains its tetrahedral shape, which is described as ?its
stable, three-dimensional configuration? (column 2, line 25;
emphasis added), even when disposed in water in light of
patentee’s teaching that his bag does not collapse when immersed
(see lines 26-29 in column 2).
7
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007