Appeal 2007-0165
Application 10/207,122
- a crusher,
- means for transporting solid blocks of crystallized
material formed in the crystallizer to the crusher,
- a filter press, and
- means for transporting a paste obtained in said crusher to
said filter press, wherein said crystallizer comprises at least one cooling
chamber provided with at least one wall permitting heat transfer to form at
least one solid block of crystallized material.
The Examiner relies upon the following references in the rejection of
the appealed claims:
Higuchi US 4,795,569 Jan. 3, 1989
Yoneda EP 1 028 159 A1 Aug. 16, 2000
Appellants’ claimed invention is directed to an installation for the dry
fractionation of edible oils and fats. The installation comprises a
crystallizer, means for transporting blocks or crystallized material to a
crusher, and means for transforming a paste obtained in the crusher to a filter
press. Also, the crystallizer comprises at least one cooling chamber having a
wall that permits heat transfer for forming the block crystallized material.
Appealed claims 13-17 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Yoneda in view of Higuchi.
We have thoroughly reviewed the respective positions advanced by
Appellants and the Examiner. In so doing, we find that the Examiner has
failed to establish a prima facie case of obviousness for the claimed subject
matter. Accordingly, we will not sustain the Examiner’s rejection.
Both the Yoneda and Higuchi, like Appellants, are directed to
installations for fractionation of edible oils and fats which perform the
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