Appeal 2007-2488
Application 10/081,483
1 to cause or enable release of liquid directly into the
2 user’s mouth.
3
4 11. A beverage product according to claim 10, wherein
5 the actuator means includes a button mounted in the
6 outlet portion, the button being movable between a
7 valve-closed position and a valve-open position to
8 which it can be moved by a biting action applied to the
9 outlet portion.
10
11 38. The Examiner found, and Farr does not contest, that Bergman
12 teaches a bite valve for feeding water to an animal that is operated by
13 biting on a sleeve button such that the amount of beverage dispensed
14 is dependent upon the amount of biting pressure. (Answer at 8-9).
15 39. As noted in its Brief, Farr has not submitted any evidence “pursuant to
16 [37 C.F.R.] §§ 1.130, 1.131, and/or 1.132.” (Br. at 26).
17 III. Issues
18 The issues are:
19 (1) Whether Farr has shown that the Examiner erred in rejecting
20 claims 1-3, 5-8, 15, and 16 under 35 U.S.C. § 102(b) as being anticipated by
21 Frutin I “as evidenced by Rudick”
22 (2) Whether Farr has shown that the Examiner erred in rejecting
23 claims 12 and 13 under 35 U.S.C. § 103(a) as being unpatentable over Frutin
24 I and Rudick as applied to claims 1, 3, 5-8, 15, and 16 and further in view of
25 Kohler.
26 (3) Whether Farr has shown that the Examiner erred in rejecting
11
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Last modified: September 9, 2013