Appeal No. 2002-1063 Page 2
Application No. 09/306,552
BACKGROUND
The appellant's invention relates to a method (claims 1-19 and 35) and
apparatus (claim 21) for aseptically bottling aseptically sterilized foodstuffs. An
understanding of the invention can be derived from a reading of exemplary claim 1,
which has been reproduced below.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Poole 2,491,015 Dec. 13, 1949
Gies 4,862,933 Sep. 5, 1989
Sizer et al. (Sizer) 5,770,232 Jun. 23, 1998
Olsson 5,799,464 Sep. 1, 1998
The following rejections stand under 35 U.S.C. § 103(a):
(1) Claims 1-11, 16, 17, 19, 21 and 35 on the basis of Gies in view of Olsson.
(2) Claim 12 on the basis of Gies in view of Olsson and Sizer.
(3) Claims 13 and 14 on the basis of Gies in view of Olsson and Poole.
(4) Claim 15 on the basis of Gies in view of Olsson, Poole and Sizer.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the Answer
(Paper No. 19)1 for the examiner's complete reasoning in support of the rejections, and
1This was a reissue of Paper No. 15 after remand from the Board because it failed to include
claim 35 in the rejections.
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