Appeal 2007-2488
Application 10/081,483
1 tea, root beer, juice) containing pressurized oxygen and where the
2 beverage is stored under a pressure of 2.0 to 6.0 atmospheres to
3 increase the solubility of the dissolved oxygen. (Hoffman at 2:31-42
4 and 4:60-67).
5 31. The contents of the container may be released by spraying which, as
6 the Examiner observes, “would involve a valve structure”. (Hoffman
7 at 2:20-30 and Answer at 7).
8 32. Denton teaches a fluid delivery valve which is designed to be used in
9 fluid containing devices such as drinking bottles.
10 33. The valve is designed to be opened by a user’s mouth and gives the
11 advantage of allowing for one hand or hands-free use. (Denton at
12 1:25-43).
13 34. The valve is said to be useful in pressurized bottles. (Denton at 2:24-
14 26).
15 35. The valve is said to allow for a high flow rate. (Denton at 2:17-20).
16 Bergman
17 36. Claim 11 is rejected under 35 U.S.C. § 103(a) as being unpatentable
18 over Hoffman in view of Denton as applied to claims 1, 4, 9, and 10
19 and further in view of Bergman. (Answer at 8-9).
20 37. Claim 11 depends from claim 10, both of which are reproduced
21 below:
22 10. A beverage product according to claim 1 wherein
23 the dispenser includes actuator means in the outlet
24 portion of the dispenser which are operable to open the
25 valve to release the effervescent fluid from the
26 container, the actuator means being shaped and
27 positioned for engagement by a user’s mouth or teeth
10
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Last modified: September 9, 2013