Ex Parte Farr et al - Page 4


                  Appeal 2007-2488                                                                                         
                  Application 10/081,483                                                                                   

             1       to enable the beverage to be dispensed from the container and in which                                
             2       the beverage is a liquid having a sparingly soluble effervescence inducing                            
             3       gas dissolved therein, the beverage product being characterized in that the                           
             4       beverage is held under a gaseous pressure in the head space above the                                 
             5       liquid beverage in the container that is sufficient to cause the beverage to                          
             6       be discharged directly into the mouth of a consumer from the dispenser                                
             7       as an effervescent fluid when the valve is open                                                       
             8                                                                                                             
             9           wherein the beverage is held under a gaseous pressure in the                                      
           10        headspace of at least 2.5 atmospheres gauge at 5 to 15º and the valve is                              
           11        one which is designed to be opened via the consumer’s mouth.                                          
           12                                                                                                              
           13        2. According to the Specification, the sparingly soluble effervescence                                
           14            inducing gas “can be oxygen, nitrogen, nitrous oxide, hydrogen, a                                 
           15            noble gas, a gaseous hydrocarbon or a  mixture thereof.”                                          
           16            (Specification at 9).                                                                             
           17        3. The effervescent beverage results from “placing a liquid beverage in a                             
           18            container, sealing the container, introducing a sparingly soluble                                 
           19            effervescence inducing gas into the container so that the gaseous                                 
           20            pressure in the headspace of the container is sufficient to cause the                             
           21            beverage to be discharged from the dispenser as an effervescent fluid                             
           22            when the valve is open….”  (Specification at 5-6).                                                
           23        4. The dispensed beverage, which is “preferably tea or coffee based, or                               
           24            water or a flavoured water”, is said to “contain very small bubbles of                            
           25            the sparingly soluble gas and does not give the prickly sensation                                 
           26            produced by effervescence of a more soluble gas such as carbon                                    
           27            dioxide” and is described as “provid[ing] the consumer with a smooth                              
           28            and silky sensation, which can enhance flavour delivery from a                                    
           29            flavoured beverage.”  (Specification at 4).                                                       

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