Ex Parte DUPIRE et al - Page 3




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


          cereals are ground to produce unseparated flour having a                    
          specified particle size.  In claim 33 the particle size is such             
          that about 60% to about 70% of the flour passes through a 60 mesh           
          screen, and in claims 34 and 39 the particle size requirement is            
          that from 30% to 40% of the flour has a particle size which                 
          prevents it from passing through a screen of 253 :m.  The                   
          independent claims all require steps of mashing, boiling and                
          filtering, in that order.1                                                  
               The Practical Brewer discloses a typical screen analysis for           
          a mash filter operation wherein 45% of the particles are retained           
          on a #60 screen (page 67).                                                  
               Blum discloses a process for producing a boiled malt wort              
          (col. 1, lines 9-10).  Blum teaches (col. 2, lines 18-33):                  
                    The desirable advantages of the process of this                   
               invention can be achieved by using a malt flour and by                 
               placing the filtration step after the boiling operation                
               instead of between the mashing and boiling cycle.  This                
               will also permit these operations to be carried out in                 
               a single reaction vessel.                                              
                    In order to achieve filtration after boiling, the                 
               malt must be ground fine enough so that complete                       
               conversion takes place during the mashing cycle.                       
               Otherwise unexposed starch granules will be liberated                  
               during boiling, and will later interfere with                          
               fermentation and beer clarity.  Malt flours ground fine                
               enough to pass through a 60 mesh screen have been found                

               1 The appellants state in their specification that the conventional sequence is mashing-
          filtering-boiling (page 1, line 8 - page 2, line 3).                        
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