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Ex parte KOWALSKI et al. - Page 6
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Board of Patent Appeals and Interferences > 1997 > Ex parte KOWALSKI et al. - Page 6
Appeal No. 95-0562
Application 07/878,940
corrosion and scale inhibitors and biocides are conventional
materials contemplated by Mosier’s reference to a ?wide
variety? of oil field chemicals.
Based on the foregoing, we affirm the examiner’s
rejection of appealed claims 1-3, 5-9, and 11-24 for
obviousness (35 USC
§ 103). Dependent appealed claim 10 stands on a different
footing, however, since this claim requires specific chelating
agents not taught by any of the relied upon references. Thus
the examiner has failed to establish a prima facie case for
the subject matter of dependent claim 10, and we therefore
reverse the rejection of this claim.
We also reverse the examiner’s alternative rejection
under 35 USC § 103 over Mosier in view of Jacobs.
The examiner relies on Jacobs for its teaching that the
chelates of the instant claims are well known commercial iron
sequestrants ?in the industry?. In this regard, the examiner
appears to be relying on the specific disclosure of Jacobs at
column 2, lines 30 through 34 which refers to the most common
iron sequestering agents ?in commercial practice?. However,
with respect to the use as acidizing solutions, the object of
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Last modified: November 3, 2007
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