Appeal No. 2002-1063 Page 5
Application No. 09/306,552
1. A method of aseptically bottling aseptically sterilized foodstuffs
comprising the steps of:
providing a plurality of bottles;
aseptically disinfecting the plurality of bottles to a level producing at
least about a 6 log reduction in spore organisms;
filling the aseptically disinfected plurality of bottles with the
aseptically sterilized foodstuffs; and
filling the aseptically disinfected plurality of bottles at a rate greater
than 100 bottles per minute.
The claim stands rejected as being unpatentable over Gies in view of Olsson. Gies is
directed to improving a device that delivers mists of sterilizing liquid to sterilize cups into
which yoghurt or other dairy-type foodstuffs are to be packaged, and to the lids for the
cups. In the course of setting forth this invention, Gies discloses an apparatus for
packaging foodstuffs such as yoghurt in a cup and then sealing the cup by means of a
circular foil disk. As described in column 4 and with reference to Figure 1, a picker
device pulls cups 15 from a supply and fits them to seats 14 on a conveyor belt K. The
cups then pass through a sterilizer apparatus 19 that sterilizes them with hydrogen
peroxide, and they continue on to be filled with yoghurt by a machine 20. Sterilized
cover disks are then set atop the filled and sterilized cups and sealed thereon. The rate
at which the machine operates is 560 cups per minute.
As far as claim 1 is concerned, Gies fails to disclose or teach (1) using bottles as
the container for the foodstuffs, (2) aseptically disinfecting the bottles to a level
producing at least about a 6 log reduction in spore organisms, and (3) filling the bottles
with aseptically sterilized foodstuffs.
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