Ex Parte SELDESLACHTS - Page 3



                Appeal 2007-0295                                                                                
                Application 09/051,565                                                                          

                       Appellant contends that Perry is contrary to Krüger since Perry                          
                advises the use of packed columns for a low degree of agitation while                           
                Krüger desires a high degree of agitation for his plate device (Br. 15).                        
                       Appellant further contends that Perry teaches conditions unfavorable                     
                to packed columns to include solids present in the liquid, and since beer wort                  
                contains solids, Perry must teach away from the claimed invention (Br. 15).                     
                       Appellant also contends that Perry agrees with Krüger that plate                         
                stripping or distillation apparatus is best suited for the separation of                        
                materials with distinctly separated boiling points, such as the stripping of                    
                beer wort (Reply Br. 2).                                                                        
                       The Examiner contends that Perry teaches all aspects of Appellant’s                      
                claimed packed column, and teaches the “pros and cons” of packed columns                        
                vs. plate columns (Answer 4 and 7).                                                             
                       The Examiner contends that both packed columns and plate columns                         
                were well known for separation of unwanted volatile components, and Perry                       
                teaches that it would have been obvious to use packed columns in place of                       
                the plate columns of Krüger (Answer 4).                                                         
                       Accordingly, the issues in this appeal are as follows: (1) given that it                 
                was well known and desirable to remove unwanted volatile components                             
                from beer wort, would it have been obvious to use a packed column device                        
                for this separation?; and (2) if it would have been obvious to use a packed                     
                column separation device to process beer wort, does Perry disclose or                           


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