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 the
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007