Ex parte SPENCER et al. - Page 5




          Appeal No. 1997-1059                                                        
          Application No. 08/305,733                                                  


               the coffee in order to saturate or substantially saturate              
               said coffee with said gas or gas mixture, it is possible               
               to substantially improve the flavor and/or the aroma                   
               and/or the shelf life of said coffee, particularly when                
               said saturation or substantial saturation is maintained                
               throughout the volume of the closed space and during                   
               substantially all the time that said coffee is stored in               
               said container.                                                        
                    The term “substantially saturate” means that it is                
               not necessary to completely and/or constantly saturate the             
               coffee with said gas or gas mixture (i.e., having the                  
               maximum amount of gas solubilized in said coffee).                     
               Usually, it is considered necessary to saturate said                   
               coffee to more than 50% of its (full) saturation level . .             
               . [Emphases added; p. 7.]                                              
          Nevertheless, we observe that the above description in the                  
          specification does not restrict any of the terms or phrases defining        
          step (a) to carry definitions other than the meanings that would be         
          normally attached to them in their ordinary usage.  That is, the term       
          “injecting” as recited in appealed claim 53 is not limited to               
          “sparging” or any other specific method of injection.  Thus, giving         
          the terms their broadegst reasonable meanings in their ordinary             
          usage, we determine that one skilled in the relevant art would              
          interpret step (a) as encompassing any step in which any of the             
          recited noble gas is simply injected into a closed space (e.g.,             
          impermeable packets) containing the coffee and the closed space             




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