Appeal No. 2005-2705 Παγε 2
Application No. 08/978,055
The appellant's invention relates to a method of inerting a vat containing a
consumable liquid such as wine, wherein the inerting gas is injected into the vat below
the upper wall of the vat and above but close to the free surface of the liquid
(specification, page 1). A copy of the claims under appeal is set forth in the appendix to
the appellant's brief.
The Applied Prior Art
The examiner relied upon the following prior art references of record in rejecting
the appealed claims:
Lindberg 3,814,147 Jun. 4, 1974
Spencer WO 93/20181 Oct. 14, 1993
Lewis, “Blanketing in Storage Tanks,” The Australian Grapegrower & Winemaker, pp.
96-99, April 1990.
Westrick, “Managing Oxygen in White Wine Production,” Practical Winery & Vinyard,
pp. 49-52, May/June 1996.
Allen, “Gas Diffuser Proves Beneficial,” Winepress, p. 14, June 1996.
The Rejections
The following rejections are before us for review.
Claims 1-3, 12, 13 and 21-24 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Lewis or Westrick in view of Lindberg.
Claims 4 and 13 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Lewis or Westrick in view of Lindberg and further in view of Spencer.
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