Ex parte KOWALSKI et al. - Page 7
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Board of Patent Appeals and Interferences > 1997 > Ex parte KOWALSKI et al. - Page 7
Appeal No. 95-0562
Application 07/878,940
Jacobs, the reference reports that EDTA is ineffective under
certain pH conditions. See the reference at column 2, lines
41 through 46. In our view, the relied upon disclosures in
Jacobs are too speculative to have motivated a person of
ordinary skill in the art to encapsulate the ?common iron
sequestering agents? for the purpose of acidizing subterranean
reservoir formations.
In summary, the examiner’s rejection of appealed claims
1-3, 5-9, and 11-24 over Mosier combined with Hen is affirmed.
The examiner’s rejection of appealed claim 10 over the same
references is reversed. The examiner’s alternatively stated
rejection under 35 USC § 103 of the appealed claims over
Mosier in view of Jacobs is also reversed. Accordingly, the
decision of the examiner is affirmed-in-part.
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