§ 134.
APPEALED SUBJECT MATTER
The subject matter on appeal relates to a pressurized
beverage product comprising “a container, a dispenser [(a
valve)], and a pressurized beverage having a soluble and/or a
sparingly soluble effervescent gas dissolved therein.” See the
specification, pages 1 and 3. Further details of the appealed
subject matter are recited in representative claims 1, 6, 7 and
82 which are reproduced below.
1. A pressurized beverage product comprising:
(a) a beverage within a pressure resistant container, the
beverage comprising a soluble gas, a sparingly soluble gas, or a
mixture of gases dissolved therein; and
(b) a valve in a position to seal the container, the valve,
when opened, suitable to dispense the beverage as an effervescent
beverage to a mouth of a consumer wherein, internally, the
container has a headspace pressurized to less than about 25 bar,
gauge, with the soluble gas, sparingly soluble gas, or mixture of
gases and further wherein the container does not comprise an
expandable bag.
6. The pressurized beverage product according to claim 1
wherein the pressurized beverage product comprises water with
less than about 0.5 ppm chlorine.
7. The pressurized beverage product according to claim 1
wherein the beverage is juice, tea, coffee, an alcoholic drink, a
diet drink, a protein-based drink, soda, or a pharmaceutical or
2 To extent appellants provide specific reasons for the separate patentability of a claim or
group of claims, we will consider these claims separately. See In re McDaniel, 293 F.3d 1379,
1382-83, 63 USPQ2d 1462, 1464 (Fed. Cir. 2002).
2
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