Ex Parte Semersky et al - Page 2

                Appeal 2007-1858                                                                                
                Application 10/800,566                                                                          
                                        STATEMENT OF THE CASE                                                   
                       The subject matter on appeal is directed to a method of packaging a                      
                food product in a blow-molded PET plastic container (Specification 1).                          
                Further details of the appealed subject matter are recited in representative                    
                claims 3 and 9 reproduced below:                                                                
                       3. An energy-efficient method of packaging a food                                        
                product, comprising the steps of:                                                               
                       selecting a blow-molded PET plastic container having a sidewall with                     
                             a plurality of peripheral vertically-spaced grooves, a dome                        
                             located above said sidewall having a blown, wide-mouth                             
                             opening adapted to receive a sealed closure, a footed base                         
                             below said sidewall, an upper label bumper extending around                        
                             the upper end of said sidewall subjacent said dome, a lower                        
                             label bumper extending around the lower end of said sidewall                       
                             superadjacent said base;                                                           
                       hot-filling the container with said food product;                                        
                       capping the filled container;                                                            
                       heating the filled and capped container for a time at a temperature                      
                             sufficient to pasteurize said food product; and                                    
                       cooling the pasteurized filled and capped container to ambient                           
                             temperature.                                                                       
                       9. An energy-efficient method of packaging a volatile food                               
                product that requires pasteurization at elevated temperatures after the food                    
                product is packaged in a container that has been filled and capped,                             
                comprising the steps of:                                                                        
                       hot-filling a blow-molded plastic container with said volatile food                      
                             product at a temperature of at least 180°F, said container having                  
                             a sidewall stiffened against distortion, a dome located above                      
                             said sidewall and having an opening adapted to receive a sealed                    
                             closure, a base located below said sidewall, an upper label                        

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