Ex Parte SANDIN - Page 5




                Appeal No.2000-1098                                                                                    5                
                Application No. 08/661,415                                                                                              


                28.  The Appellant thereafter states that, “it is an object of the present invention to provide                         
                a device for infusing an infuser, such as a tea bag, in a liquid which allows the tea bag to be                         
                retained within the cup after a desired strength of the beverage has been reached.  It is a                             
                further object of the invention to provide a device for encapsulating the tea bag within the                            
                bottom of a cup.”  See specification, page 2, lines 12-18.  We find the invention provides                              
                for, “a shield 14 for substantially encapsulating the beverage pack 12 within a bottom 16                               
                of a vessel.”  See specification, page 3, lines 30-31.  Moreover, the specification states                              
                that, “when the shield 14 is in the closed position, the sealing materials 32, 34 seal the                              
                interfaces to effectively isolate the beverage pack 12 from the water in the cup above the                              
                shield 14.  This prevents continued infusion of the material in the beverage pack 12 into                               
                the liquid above the shield.”  See specification, page 4, lines 15-20.  Based upon the above                            
                findings, we interpret the aforesaid language of the claim as requiring substantial                                     
                encapsulation of the beverage pack in the bottom of the vessel so as to encapsulate and                                 
                isolate the beverage pack and prevent the further infusion of the tea or other beverage                                 
                material in order to maintain the beverage at the desired strength.  Furthermore, the                                   
                encapsulation is temporary.  Moreover, the encapsulation is not obtained by steeping the                                
                beverage and impacting the bottom of a vessel as a part of a steeping process.  We conclude                             
                that the unequivocal requirement of the claimed subject matter is to encapsulate the                                    
                beverage pack at the bottom of the vessel, maintain the desired strength of the beverage by                             







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