Appeal No. 95-3789 Page 12 Application No. 08/047,047 Pappas, 23 USPQ2d 1636 (Bd. Pat. App. & Int. 1992)("or similar structure"). Finally, with respect to claim 15, another issue is raised. In our view, the subject matter encompassed by claim 15 is not clearly set forth. First, it is unclear to us if claim 15 is reciting an "intermediate product of a sealed container filled with a hot liquid product (185-190°F) and internally pressurized (40 to 45 psig)" or a "final product of a sealed container on a shelf somewhere at ambient temperature and unknown internal pressure." Our difficulty stems from the appellants use of the phrase "In a hot filled container" (claim 15, line 1) and their use of product-by process limitations (claim 15, last paragraph). In one sense, these limitations can be construed as limiting the claimed container to the "intermediate product" as set forth above. In another sense, these limitations can be construed as merely describing how the container is assembled. Since the subject matter of claim 15 is susceptible to at least two meanings, it is therefore indefinite. Second, the disclosure does not state, and the claims do not set out, the internal pressure of the filled container after the container has cooled to ambient temperature when the claim is construed to recite thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007