Ex parte SPECTOR - Page 2




          Appeal No. 97-4153                                                          
          Application No. 08/498,375                                                  


          for producing a soft drink in situ and for dispensing the drink.            
          It reads as follows:                                                        
               1. A squeeze canteen for producing in situ a soft drink and            
          for dispensing this drink comprising:                                       
                    A. collapsible pouch molded to simulate a character               
               provided with a female socket creating the mouth of the                
               pouch and a charge of flavor crystals deposited in the                 
               pouch;                                                                 
                    B. a removable male nozzle plug insertable in the                 
               socket to seal the pouch after it has been filled with                 
               liquid to dissolve the flavor crystals to produce a soft               
               drink, said plug being provided with a normally-closed valve           
               which when opened and the pouch is then squeezed permits the           
               discharge of said soft drink from the nozzle plug; said                
               pouch being formed of synthetic plastic material.                      
                                   THE REFERENCES                                     
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Nadler              3,157,314           Nov. 17, 1964                       
          Paquette            4,702,473           Oct. 27, 1987                       
                                    THE REJECTION                                     
               Claim 1 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Nadler in view of Paquette.                               
               The rejection is explained in the Examiner's Answer.                   
               The opposing viewpoints of the appellant are set forth in              
          the Brief and the Reply Brief.                                              


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