Ex Parte GROSS, II et al - Page 2


         Appeal No. 2002-2029                                                       
         Application No. 09/440,037                                                 

         paper 11) in the above-identified application.  Claims 15                  
         through 19, which are the only other pending claims, stand                 
         withdrawn from further consideration pursuant to 37 CFR                    
         § 1.142(b) (1959).  (Office action mailed Sep. 20, 2000, paper             
         5; Reply filed Oct. 23, 2000, paper 6.)                                    
              The subject matter on appeal relates to a process for                 
         accelerating the maturation of an unaged or partially aged                 
         beverage.  According to the appellants, “[t]he present                     
         disclosure provides methods of aging beverages that result in              
         distilled beverages that are aged for much shorter periods, even           
         as short as about 30-40 days or even less, that have the                   
         character conventionally achieved only after four years of                 
         aging.”  (Specification, page 3, lines 15-17.)  Further details            
         of this appealed subject matter are recited in representative              
         claims, 1, 20, and 23, the only independent claims on appeal,              
         reproduced below:                                                          
                   1.  A process for accelerating the maturation of                 
              an unaged or partially aged beverage comprising:                      
                   (a) determining a target concentration of ethyl                  
              acetate for the product of said maturation;                           
                   (b) providing an unaged or partially aged                        
              beverage with from about ½ to about 2½ grams/100 PL of                
              ethyl acetate in excess of said target concentration;                 
                   (c) flowing said beverage of step (b) through a                  
              closed system wherein said closed system comprises a                  
              beverage aging wood product such that a beverage                      

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