Appeal No. 2003-0161
Application No. 09/578,575
Cook discloses a collapsible and reusable shipping container
that maintains its temperature sensitive contents, such as
pharmaceuticals, within a desired temperature range (col. 1,
lines 5-9 and 15-21). Cooling is provided by frozen
gel-containing polymer pouches (heat sinks 48) which are placed
in slots in the bottom, sides and top of the container during the
process of filling the container, and then the container is
shrink wrapped and shipped (col. 7, lines 15-55).
Rejection of claims 17-20
The appellants’ claim 17 requires that dairy products in a
server are maintained at an effective chilled temperature without
ice or electricity. The appellants’ claim 18, which is the sole
apparatus claim, requires means for cooling and maintaining milk
at an effective temperature for consumption without ice or
electricity.
During patent prosecution, claims are to be given their
broadest reasonable interpretation consistent with the
specification, as the claim language would have been read by one
of ordinary skill in the art in view of the specification and
prior art. See In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320,
1322 (Fed. Cir. 1989); In re Sneed, 710 F.2d 1544, 1548, 218 USPQ
385, 388 (Fed. Cir. 1983).
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