Ex Parte Mizutani - Page 5

                Appeal 2007-2640                                                                              
                Application 09/933,517                                                                        
                             29.  The sea-water swimming pool of Claim 27, wherein                            
                      said means for collecting and supplying deep-sea water to the                           
                      swimming pool structure includes a check valve which only                               
                      allows an upward flow of the deep-sea water.                                            
                             44.  A sea-water swimming pool, comprising:                                      
                                   a swimming pool structure; and                                             
                                   means for collecting and supplying deep-sea water                          
                      to the swimming pool structure, wherein surface-sea water and                           
                      aquatic animals are substantially excluded from said swimming                           
                      pool structure.                                                                         

                                               DISCUSSION                                                     
                Rejection over Meilahn in view of Iseki, Nomura, and Miyamato                                 
                      Claims 8-10, 16, 18, and 44 stand rejected over Meilahn in view of                      
                Iseki, Nomura, and Miyamato.                                                                  
                      Meilahn describes an aquaculture system for growing aquatic animals                     
                which comprises “[a] rigid-walled floating tank . . . positioned in a body of                 
                water” (Meilahn, at Abstract and Fig. 3).  “The tank has a cylindrical section                
                that creates a primary zone wherein the aquatic animals live and grow”                        
                (Meilahn, at col. 2, ll. 1-2).  “[T]he tanks may be sized to any desired                      
                configuration” (Meilahn, at col. 3, ll. 36-37).  “[I]n a preferred embodiment                 
                each of the tanks has an inner diameter of 18 meters and a sidewall height of                 
                8.5 meters” (Meilahn, at col. 3, ll. 37-39).  The body of water may be either                 
                fresh or salt (Meilahn, at col. 3, ll. 30-32).  A pump assembly is provided for               
                drawing in water from the body of water and discharging water from the                        
                tank via an outlet (Meilahn, col. 4, ll. 18-35). “[W]ater may be drawn from                   
                different depths, such that water that is free of surface contaminants . . . is               
                provided to the tank” (Meilahn, col. 4, ll. 39-42).                                           


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