Appeal No. 2006-2060 Page 2
Application No. 10/605,873
BACKGROUND
The appellant's invention relates to a capsule that contains liquid and/or dry
material to be subsequently dispensed into a container. The capsule body includes
a first member (12) and a second member (20). The first member (12) has an open
top and a sealed closed bottom (12b). (Specification, para. [0041] and Figure 1).
The second member (20) has a sealed closed top and an open bottom with a cutting
element. The cutting element includes two prongs (24, 26) and a cutting edge
(20a) disposed between the prongs. (Specification, para. [0043] and Figures 3-6).
The first member (12) can be moved relative to the second member (20) so that the
prongs (24, 26) and the cutting edge (20a) cut open the sealed closed bottom (12b)
of the first member (12). (Specification, para. [0043]). Claim 1 is representative
of the subject matter on appeal. A copy of all of the claims on appeal can be found
in the appendix to the appellant’s brief.
The examiner relies upon the following as evidence of unpatentability:
English 1,774,258 Aug. 26, 1930
Bowes et al. (Bowes) 3,156,369 Nov. 10, 1964
Rizzardi 5,038,951 Aug. 13, 1991
The following rejections are before us for review.
1. Claims 1, 2, and 4 stand finally rejected under 35 U.S.C. § 102(b) as
anticipated by English.
2. Claims 1-4 stand finally rejected under 35 U.S.C. § 103(a) as unpatentable
over Bowes in view of English.
3. Claim 5 stands finally rejected under 35 U.S.C. § 103(a) as unpatentable
over Bowes in view of English and Rizzardi.
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