Ex Parte SANDIN - Page 7




                Appeal No.2000-1098                                                                                    7                
                Application No. 08/661,415                                                                                              


                downwardly like a plunger, creates a positive air pressure change in                                                    
                receptacle 12 and expels most of the air contained in the receptacle.                                                   
                Although the bottom of the device 10 may come into contact with                                                         
                the bottom of the cup, air bubbles are forced out of the perforations                                                   
                22 along the lower surface of the receptacle.  The user then slightly                                                   
                lifts actuating stick 13 causing membrane 14 to flex upwardly to its                                                    
                initial state, as shown in Fig. 4.  This upward flexing of membrane                                                     
                creates a negative pressure change in receptacle 12 and sucks hot water                                                 
                through perforations 22 and filter 18 to soak the beverage material B                                                   
                contained within the receptacle.  The user then repeatedly impulses the                                                 
                actuating stick 13 up and down like a plunger, causing hot water to                                                     
                be alternately sucked up into and expelled out of receptacle 12 through                                                 
                the perforations 22.  Preferably, impulsing actuating stick 13, the bottom                                              
                of receptacle contacts the bottom of the cup during down-thrusts.  This                                                 
                increases the amount of flexing of membrane 14 and assists in the forced                                                
                purging of the receptacle of air and circulation of the hot water throughout                                            
                the inside of receptacle 12.  The flexing action of membrane 14 creates a                                               
                thorough circulation of the hot water throughout the beverage material B.                                               
                See Mihailide, column 4, lines 56 to column 5, lines 15.  Based upon the above                                          
                findings, we conclude that Mihailide neither discloses nor suggests the step of substantially                           
                encapsulating the beverage pack within the bottom of the vessel when the beverage pack 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.  Indeed the thrust of Mihailide, as derived from the above                            
                cited is directly contrary to the requirements of the claimed subject matter.  Mihailide                                
                thrusts the actuator to the bottom of the vessel in order to enhance the circulation of the                             
                hot water throughout the inside of the receptacle and beverage material B.  The express                                 
                intent is to add additional flavor to the hot water as opposed to encapsulating the beverage                            
                pack to prevent further addition of flavor to the liquid as required by the claimed subject                             






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