Appeal No. 2002-1063 Page 4
Application No. 09/306,552
At the outset, we take note of the appellant’s explanation that aseptic packaging
techniques require “that the packaging take place in a sterile environment, using
presterilized containers, etc.,” and his statement that “aseptic” denotes “the United
States FDA level of aseptic” (specification, page 3). We also note that on page 4 of
the specification the appellant describes the invention as incorporating many features
“in order to meet the various United States FDA aseptic standards and the 3A Sanitary
Standards and Accepted Practices,” however, these have not been presented in the
specification. Finally, the appellant states on page 5 of the Brief that “the term ‘aseptic’,
as discussed throughout the invention, is clearly defined as meeting the strict definition
of aseptic as promulgated by the United States Food and Drug Administration (page 10,
line 22 - page 11, line 12.)” In view of the foregoing assertions on the part of the
appellant, we shall consider the term “aseptic,” as recited in the claims, as requiring the
strict definition of aseptic as promulgated by the FDA, which includes operating in a
sterile environment using pre-sterilized containers and related elements, such as lids,
for example.
Claim 1 reads as follows:
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