Appeal 2007-1858
Application 10/800,566
pressure during pasteurization, in order to avoid permanent
uncontrolled deformation of the container.
The pasteurizable plastic container is blow molded from an injection molded
preform made with PET (col. 3, ll. 62-67). The container has a substantially
transparent biaxially-oriented body having an open top end 32, an upper
flared shoulder section 134 corresponding to the claimed dome, an upper
bumper 133 corresponding to the claimed upper label bumper, a side wall
having recessed circumferential hoop ribs 137 and 139 corresponding to the
claimed plurality of peripheral vertically-spaced grooves, a standing ring or
chime 143 corresponding to the claimed footed base, and a lower bumper
145 corresponding to the claimed lower label bumper (col. 3, l. 62 to col. 4,
l. 61; and Figures 3 and 4). To the extent that the standing ring or chime 143
does not correspond to the claimed footed base, the Specification at page 4
acknowledges that such footed base is known to be a pressure-resistant
configuration, thus supplying an appropriate reason to provide the claimed
footed base configuration in the above pasteurizable plastic container.
The container is hot-filled with a food product (beverage), sealed,
pasteurized, and cooled (col. 1, ll. 5-56 and col. 4, l. 62 to col. 5, l. 13). The
container “has undergone strain-induced crystallization to provide increased
strength. . . . The panel section [side wall] of the container has an average
crystallinity of up to 30%, preferably on the order 18 to 28%, and more
preferably on the order of 21 to 28%” (col. 6, l. 60 to col. 7, l. 15). The
employment of flexible panels on the side wall (panel section) to prevent
excessive permanent deformation of the container is critical (col. 3, ll. 41-53,
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Last modified: September 9, 2013