Ex parte KRISHNAKUMAR et al. - Page 12




          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