Appeal No.2000-1098 3
Application No. 08/661,415
within the bottom of the vessel when the beverage device is pushed to the bottom of the
vessel after the flavor is added to the liquid to prevent further addition of flavor to the
liquid.
THE REFERENCES OF RECORD
As evidence of obviousness, the examiner relies upon the following references.
Mihailide 3,935,318 Jan. 27, 1976
Bondanini 4,650,583 Mar. 17, 1987
THE REJECTION
Claims 1, 3, 5, 6, 11, 18 through 22, 24 through 27, 30 and 31 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Mihailide in view of Bondanini.
OPINION
We have carefully considered all of the arguments advanced by the appellant and the
examiner and agree with the appellant for the reasons set forth below that the rejection of
claims 1, 3, 5, 6, 11, 18 through 22, 24 through 27, 30 and 31are not well founded.
Accordingly, we reverse the rejection.
The Rejection under § 103
"[T]he examiner bears the initial burden, on review of the prior art or on any other
ground, of presenting a prima facie case of unpatentability," whether on the grounds of
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