Appeal No. 1995-2659
Application 07/896,705
employs “vigorous” aeration. Therefore, any conclusion
that “at least some discontinuous liquid phase” would be
inherently formed due to the aeration is a matter of
conjecture, at best.
Third, the claims require “passing oxygen through
the bed without fluidizing or stirring the bed”. There
is no doubt that Pratt carries out agitation (e.g., col.
4, lines
59-60: “fermenting… while agitating”), including during
aeration. In so doing, however, Pratt is in fact
conducting a process in contradistinction to the no-
fluidizing/stirring provision of the claims.
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