Appeal No.2000-1098 2
Application No. 08/661,415
THE INVENTION
The invention is directed to a beverage device comprising a beverage pack and a
shield including a first and second member, wherein the shield has the characteristic of
substantially encapsulating the beverage pack within the bottom of a vessel. Additional
limitations are provided in the following illustrative claim.
THE CLAIM
Claim 1 is illustrative of appellants’ invention and is reproduced below.
1. A beverage device to be placed within a vessel having a bottom to add flavor to a liquid
in the vessel, the beverage device comprising:
a shield; and
a beverage pack for adding flavor to the liquid, wherein the beverage pack is
attached to the shield,
wherein the shield includes a first member, at least one sealing layer located between
the first member and the beverage pack and a second member,
wherein the first member is configured to engage the second member, and
wherein the shield is configured to substantially encapsulate the beverage pack
“embody patentable subject matter.” See Answer, pages 8 and 9. In either event, the record is clear that
the above claims are not before us for consideration.
2 Each of the Office actions contains a rejection of claim 11. The Answer however, does not include
claim 11 in the statement of the rejection. In the “Response to argument,” Answer, page 5, the rejection of
claim 11 is included. Accordingly, we conclude that the omission of claim 11 from the statement of the
rejection is inadvertent, and we include it in our consideration.
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