Appeal No.2000-1098 6
Application No. 08/661,415
preventing further addition of flavor to the liquid, such that the beverage may be consumed
without further infusing it with additional flavor from the beverage pack.
Applying this interpretation of the claimed subject matter to the Mihailide reference,
we find that Mihailide is likewise directed to a device for brewing a beverage such as tea.
See Abstract and column 1, lines 6-10. We find that Mihailide discloses an apparatus
comprising a member which is “a lower portion having a generally flat perforated lower
surface exposing the beverage material to the hot water.” See column 2, lines 34-36. We
find Mihailide discloses that, “[t]he upper portion of the device contains the flexible
membrane that is preferably concave and non-permeable to water. The upper portion is
sealed to the lower portion of the device locking in the beverage material and the filter.”
See column 2, lines38-42. We find that, “[t]he upper and lower portions of the receptacle
are joined during manufacture by conventional heat sealing.” See column 3, lines 1-3 and
column 4, lines 40-45.
The examiner relies on the structure which in Figure 3, “shows the apparatus
wedged in the bottom of a cup thereby preventing further addition of flavor to the liquid.”
See Answer, page 4. In light of our interpretation, supra, given the scope of the claim
language, we disagree with the examiner’s conclusion. Figures 3 and 4 illustrate the
operation of the device. See column 4, lines 53-54. Mihailide, states in part,
Grasping the actuating stick 13, the user presses the stick downwardly
flexing the membrane 14 as shown in Fig. 3. Membrane 14, flexing
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