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In re Miles

463 F.2d 1401, 59 C.C.P.A. 1199, 175 U.S.P.Q. (BNA) 33, 1972 CCPA LEXIS 268
CourtCourt of Customs and Patent Appeals
DecidedAugust 17, 1972
DocketNo. 8744
StatusPublished
Cited by2 cases

This text of 463 F.2d 1401 (In re Miles) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Miles, 463 F.2d 1401, 59 C.C.P.A. 1199, 175 U.S.P.Q. (BNA) 33, 1972 CCPA LEXIS 268 (ccpa 1972).

Opinions

Almond, Judge.

This is an appeal from the decision of the Patent Office Board of Appeals, adhere to on reconsideration, affirming the rejection of claims 10, 13-15, 18 and 24 of appellant’s application entitled “Dispensing Attachment for Pressurized Containers.”1 Eleven claims have been allowed, and appellant has not appealed with respect to several additional rejected, claims.

The invention relates to a heating chamber attached to a pressurized container, for example, a shaving cream aerosol container. Appellant discloses several embodiments of the heating chamber, and figures illustrating some of these' embodiments are reproduced below. They are all, however, of a “fixed size” hi order to keep the shaving cream in the [1200]*1200heating chamber under essentially the same pressure as the aerosol container and thus prevent foaming of the cream until after heating. That is, the unfoamed cream is admitted to the heating chamber, heated by running hot water over the heating chamber, and then allowed to foam as it is dispensed into the user’s hand.

There are two principal issues on appeal. The first concerns the rejection of claims 10,13-15, and 18 under 35 USC 103 as unpatentable over Jolly 2 in view of Bullard.3 Claim 10 is illustrative of the claims rejected under 35 USC 103:

10. A dispensing attachment for a pressurized container having a discharge valve comprising, a fitment having an inlet passageway, which passageway makes a pressure-tight, press-fitted, frictional connection with the hollow stem of said discharge valve, said frictional connection alone being strong enough so that the fitment is held thereby to the discharge valve in pressure-tight contact, a heating chamber of fixed size having a lieat-eonductive wall and being in communication with said inlet passageway, an outlet passageway in communication with said chamber and a valve in said outlet passageway, said chamber being adapted to be filled upon actuation of said discharge valve and discharge upon actuation of said valve in said outlet passageway.

Jolly discloses a beating chamber for attachment to a pressurized container, which is best shown in Fig. 1 of that patent:

[1201]*1201

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Related

Vernon K. Charvat v. Commissioner of Patents
503 F.2d 138 (D.C. Circuit, 1974)

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Bluebook (online)
463 F.2d 1401, 59 C.C.P.A. 1199, 175 U.S.P.Q. (BNA) 33, 1972 CCPA LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-miles-ccpa-1972.