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Ex parte KOWALSKI et al. - Page 4
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Board of Patent Appeals and Interferences > 1997 > Ex parte KOWALSKI et al. - Page 4
Appeal No. 95-0562
Application 07/878,940
In re Kemps, 97 F.3d 1427, 1430, 40 USPQ2d 1309, 1311 (Fed.
Cir. 1996). Here, contrary to appellants’ arguments that
infer that Mosier’s disclosure is limited to the encapsulation
of basic amine compounds, we observe that, Mosier teaches that
?a wide variety of treating agents? may be incorporated into
the prior art weighted microcapsules (column 5, lines 18
through 20). Hen, a secondary reference relied upon by the
examiner, discloses that strong chelating agents such as EDTA
or salts thereof are useful as sulfate scale removing agents
for scale typically found or produced on subsurface oil well
equipment (column 1, lines 26 through 31; column 4, lines 9
through 54). Invited by Mosier’s broad disclosure regarding
the use of a ?wide variety? of treating agents, a person of
ordinary skill in this art would have been led to incorporate
a scale removing agent such as EDTA, a strong chelating agent,
in the weighted microcapsules of Mosier with a reasonable
expectation of producing a microcapsule having the additional
capability of effecting efficient scale removal at a desired
and specific downhole location.
Appellants argue that the Hen invention requires prompt
removal of the treating solution and any dissolved scale.
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Last modified: November 3, 2007
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