Appeal No. 95-3789 Page 10
Application No. 08/047,047
required by the second paragraph of 35 U.S.C. § 112. See In re
Hammack, supra.
Since the appellant's disclosure fails to set forth an
adequate definition as to what is meant by the phrase "on the
order of" as used in claims 15 and 19, the appellant has failed
to particularly point out and distinctly claim the invention as
required by the second paragraph of 35 U.S.C. § 112.
Secondly, independent claims 15 and 19 are misdescriptive of
the claimed subject matter. The appellants' specification
provides the following description of the process of the
invention. The invention is practiced by hot filling a
container, immediately thereafter adding liquid nitrogen,
followed by immediately closing the container "wherein the liquid
nitrogen becomes nitrogen gas and internally pressurizes the
container." Specification page 1. Thus, the disclosure is to
applying the closure and then internally pressurizing the
container. Both independent claims indicate that the container
is pressurized before closure. In claim 15, the preamble states
that the container is “filled with hot liquid product and
thereafter internally pressurized and then sealed with a
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