Appeal 2007-2488
Application 10/081,483
1 of the dip tube enabling gas from the headspace to be
2 entrained in fluid being dispensed through the dip tube when
3 the valve is open.
4
5 14. A beverage product according to claim 13, wherein the
6 quantity of gas expelled from the container when the valve is
7 opened is greater than 0.5 cubic centimeters per 1 cubic
8 centimeter of liquid beverage when measured at atmospheric
9 pressure and 20ēC.
10
11 22. The Examiner found, and Farr does not contest, that Berg teaches
12 “that the conventional effervescent beverage is 1 volume of gas per
13 volume of liquid.” (Answer at 5-6).
14 Frutin II
15 23. Claims 17 and 184 are rejected under 35 U.S.C. § 103(a) as being
16 unpatentable over Frutin I as applied to claims 1, 3, 5-8, 15, and 16
17 and further in view of Frutin II. (Answer at 6-7).
18 24. Claims 17 is representative and is as follows:
19 A beverage product according to claim 1 wherein the
20 sparingly soluble effervescence inducing gas is contained in a
21 widget that releases its contents into the container when the
22 valve is opened.
4 The claims are argued together as to this rejection.
8
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