Ex Parte DUPIRE et al - Page 2




          Appeal No. 2001-0965                                                        
          Application 08/751,035                                                      


          specified particle size, and this flour is fed to a                         
          mashing-boiling-filtering sequence.  Claim 33 is illustrative:              
               33.  A method for producing a boiled wort adapted for use in           
          making beer and other fermented malted beverages from water,                
          malted cereals, and optionally unmalted cereals, said method                
          comprising:                                                                 
               grinding said malted cereals so as to obtain an unseparated            
          flour possessing a particle size so that from about 60% to about            
          70% of said flour passes through a 60 mesh screen;                          
               mashing said unseparated flour in a kettle to obtain a                 
          suspension;                                                                 
               boiling said suspension in the same kettle to form a boiled            
          wort; and                                                                   
               filtering said boiled wort, said filtering step comprising             
          the step of pumping said boiled wort through a filter to                    
          eliminate an insoluble phase from said boiled wort.                         
                                                                                     
                                   THE REFERENCES                                     
          Blum                       3,048,489                 Aug. 7, 1962           
          The Practical Brewer, 64-67, 92-95, 126-127, 142-143 (Harold M.             
          Broderick ed. (publisher unknown) (1977).                                   
                                    THE REJECTION                                     
               Claims 18-24, 27 and 33-39 stand rejected under 35 U.S.C.              
          § 103 as being unpatentable over The Practical Brewer in view of            
          Blum.                                                                       
                                       OPINION                                        
               We reverse the aforementioned rejection.                               
               The appellants’ independent claims require that malted                 
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