Appeal 2007-1858
Application 10/800,566
bumper extending around an upper end of said sidewall
subjacent said dome, and a lower label bumper extending
around a lower end of said sidewall superadjacent
said base;
capping said container immediately after said hot-filling step;
heating said container and packaged volatile food product after said
capping step to a temperature in a range of at least about 190-
210°F for a time sufficient to pasteurize said food product
without subjecting the base to undesirable distortion;
and
cooling said container and packaged volatile food product after said
heating step to ambient temperature.
As evidence of unpatentability of the claimed subject matter, the
Examiner has relied upon the following references:
Prevot US 5,887,739 Mar. 30, 1999
Krishnakumar US 5,908,128 Jun. 1, 1999
The Examiner has rejected claims 3 through 21 under 35 U.S.C. § 103
as unpatentable over the combined disclosures of Krishnakumar and Prevot.
The Appellant appeals from the Examiner’s decision rejecting the
claims on appeal under 35 U.S.C. § 103(a).
ISSUES
Would one of ordinary skill in the art, armed with the knowledge of
Krishnakumar and Prevot, have been led to employ the wide-mouth
pasteurizable plastic container recited in claim 3 and the pasteurization
temperature recited in claim 9 within the meaning of 35 U.S.C. § 103?
3
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