Appeal No. 2006-1629
Application No. 10/104,569
equilibrium with the pressure of the container through a small outer bore in the pressure
chamber, wherein, after opening the container, the resulting relative overpressure in the pressure
chamber in relation to the decreased pressure in the container effects an opening of the
component chamber, wherein the insert member has in the axial direction an identical cross-
section over the length of the insert member and wherein in the radial direction the cross-section
of the insert member has a median point or a median point axis moved to one side of the insert
member, wherein the cross-section of the insert member is drop-shaped or egg-shaped, wherein
the outer bore is located at a location farthest removed from the median point or median point
axis in an outer wall of the insert member, wherein the component chamber is moved within the
pressure chamber toward an end of the pressure chamber opposite the outer bore to such an
extent that the insert which is freely moveable within the container on a surface of the liquid
assumes a stable floating position, so that the outer bore is always located above the liquid level
and causes an optimized pressure equalization of the pressure chamber and the pressure the
container, further including a lid, the component chamber having a wall and one end of the wall
engages an annular groove of the lid when the insert is closed.
Upon careful review of the respective positions advanced by the Appellants and the
Examiner, we affirm the rejection of claims 4, 7, and 9 to 14 for the reasons expressed in the
Answer, and we add the following for emphasis.
Appellants (Brief, page 9) argue that unlike the prior art, in the present invention the
component chamber moves freely within the pressure chamber towards the end of the pressure
chamber opposite the outer bore. This argument is not persuasive because the invention of
Reichinger discloses an outer bore (8) of a gas-containing compartment (7) that includes the
component-containing chamber (6) wherein the inner walls of the compartment chamber do not
extend to the outer walls of the second component chamber. (See page 6, lines 16 to 31). As
recognized by Appellants, the insert of Reichinger does not necessarily have to be attached to the
bottom of the container. (Brief, page 9). Consequently, when the beverage insert is not attached
to the bottom of the surrounding beverage container and when the inner walls of the component
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