Appeal 2007-2488
Application 10/081,483
1 5. Useful valves are said to be those “known for use in pressurized
2 dispensing containers (often known as aerosol cans)…[and] are
3 readily available from several manufacturers.” (Specification at 4 and
4 10).
5 6. “The dispenser preferably includes actuator means that are operable to
6 open the valve to release the liquid beverage from the container”
7 which are “preferably shaped and positioned to be engaged by a user’s
8 mouth or teeth so that the effervescent fluid will be delivered directly
9 into the consumer’s mouth.” (Specification at 10).
10 Frutin I
11 7. Claims 1-3, 5-8, 15, and 162 are rejected under 35 U.S.C. § 102(b) as
12 being anticipated by Frutin I “as evidenced by Rudick” (Answer at 3-
13 4).
14 8. Claim 1, set forth above, is representative.
15 9. Frutin I teaches a beverage container that is partially filled and where
16 the remaining headspace is filled with pressurized gas, e.g., nitrous
17 oxide, where the gas preferably is pressurized between 20psi and
18 150psi at 5º C. (Frutin I at 2-5 and 12-13).
19 10. The lid of the container may be modified by the inclusion of a
20 “standard aerosol valve” which may be a “tilt valve.” (Frutin I at 4).
21 11. An example is given at figure 12 showing a container for dispensing
22 whipped cream having a “conventional aerosol valve” 308 that is
23 fitted with a serrated nozzle 310 for producing “an attractive pattern
24 on the cream as it is dispensed.” (Frutin I at 18).
2 The claims are argued together as to this rejection.
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