Appeal No. 2006-1629
Application No. 10/104,569
CITATION OF REFERENCES
The Examiner relies on the following references in rejecting the appealed claims:
Reichinger WO 99/54229 Oct. 28, 1999
(PCT International Application)
Dunn et al. (Dunn) WO 96/36545 Nov. 21, 1996
(PCT International Application)
Claims 4, 7, and 9 to 14 stand rejected under 35 U.S.C. § 103(a) over the combined
teachings of Reichinger and Dunn. (Answer, pages 3 to 6).
Rather than reiterate the conflicting viewpoints advanced by the Examiner and the
Appellants regarding the above-noted rejection, we make reference to the Answer mailed
September 21, 2005 for the Examiner's reasoning in support of the rejection and to the Briefs
filed August 1, 2005 and November 25, 2005 for Appellants' arguments thereagainst.
OPINION
Appellants' invention relates to an insert for insertion into a container for liquids under
pressure. The insert comprises a component chamber and a gas-filled pressure chamber. The
component chamber is completely surrounded in a radial direction by the pressure chamber. The
claimed invention also specifies an outer bore that is located at a position farthest removed from
the median point or median access point in an outer wall of the insert number. Representative
claim 14, as presented in the Brief, is reproduced below:
14. An insert for insertion into a container for liquids under pressure, the insert
comprising an elongate insert member configured to be freely moveable in the container, the
insert member defining a component chamber for receiving an active substance, a gas-filled
pressure chamber for effecting an introduction of the active substance into the liquid when the
container is opened, wherein the component chamber is completely surrounded in a radial
direction by the pressure chamber, wherein a pressure of the pressure chamber is in an
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