Appendix C is a copy PCT/EP201 l/057657, filed in English on May 12, 2011, from which the Jarisch Application is a National Stage Entry, and which provides constructive reduction to practice of the proposed count.

No. 15/646,980 Filed: July 11, 2017 Published: October 26, 2017 Publication No. 2017/0305654 Al Inventor: Marc Kruger Applicant: K-Fee System GmbH Title: Portion Capsule Having an Identifier

This is further evidenced by FIG. 2 of the Kruger Application where "barcode 17" printed on the membrane does not comprise bars, or thick and thin parallel lines, but rather, illustrates a pattern of geometrically shaped objects arranged about the circumference of the capsule.

Accordingly, the optical code positioned on the bottom side of the capsule flange as described and claimed by Jarisch constitutes a type of barcode to one of ordinary skill in the art.

[a] A single-serve capsule for makin a bevera e, com risin [b] a base element with a cavity, in which a raw beverage material is provided, a flange horizontally extendin from the base element, [ c] a membrane that is configured to close the cavity, the membrane is fastened to a top side of the flan e, [ d] an identifier, which makes it possible to individualize the respective single-serve capsule, wherein the identifier is a barcode that is provided on a bottom side of the flan e, None.

“ Information technology - Automatic identification and data cap ture techniques — EAN / UPC bar code symbol specification ” Second Edition : Dec. 15 , 2009 .

Letter regarding the Opposition Procedure KRO - 44 / FWJPL dated Mar. 20 , 2019 Ralf Jesse , “ Barcode ” Gutachten zur Frage Begriffle , Bitcode / Binacode Patents EP 3023362 ; May 19 , 2019 .

“ Information technology - Automatic identification and data cap ture techniques — Bar code verifier conformance specification Part 1 : Linear symbols ” May 20 , 2019 10:12 . "

Information technology - Automatic identification and data cap ture techniques — Bar code print quality test Spec Linear Symbols ” German Version : EN ISO / IEC 15416 : 2001 : 1998-02 .

Council Directive 89 / 107 / EEC on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption .

Section 1(h)(2) of the AlA Technical Conections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement that the Office provide a patent term adjustment determination with the notice of allowance.

As a result of the allowed claim(s), you may be eligible to benefit from the Patent Prosecution Highway program at a participating intellectual property office for the corresponding application.

including changes required by the attached Examiners Amendment / Comment or in the Office action of Paper No/Mail Date Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of each sheet.

There are also non- infringement proceedings in Europe that are being defended by the Adverse Party based on similar positions taken in the United States that the accused products do not have a barcode as that term was construed.

Andrew Illy and Rinantonio Viani, referred to in Nespresso's Preliminary Invalidity Contentions dated July 06, 2022, against U.S. Patent No. 11,254,491, in Case No. 2:22-cv-00525-GW (AGRx).

“ Information technology - Automatic identification and data , cap ture techniques — EAN / UPC bar code symbol specification ” Second Edition : Dec. 15 , 2009 .

Information technology - Automatic identification and data cap ture techniques — Bar code verifier conformance specification Part 1 : Linear symbols ” May 20 , 2019 10:12 .

“ Information technology - Automatic identification and data cap ture techniques — Bar code print quality test Spec Linear Symbols ” German Version : EN ISO / MC 15416 : 2001 : Feb. 1998 .

Preferably , the coffee machine , in particular the water - providing - pressure pump , will be acti The present invention relates to a portion capsule for vated if the detected identifier matches with the reference .

Pref cavity in which a beverage raw material is provided and erably the detection system is placed in the region of the which is closed by a membrane fastened to the base element .