Ex parte THALER et al. - Page 1






                                     THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                       
                                           The opinion in support of the decision being entered today                                                   
                 (1) was not written for publication in a law journal and                                                                               
                 (2) is not binding precedent of the Board.                                                                                             
                                                                                                           Paper No. 15                                 
                                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                                       
                                                                _______________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                            AND INTERFERENCES                                                                           
                                                                _______________                                                                         
                                                        Ex parte WARREN A. THALER,                                                                      
                                                  JOHN C. NEWLOVE, CRUISE K. JONES                                                                      
                                                              and DAVID B. ACKER                                                                        
                                                                 ______________                                                                         
                                                               Appeal No. 94-3973                                                                       
                                                              Application 08/029,7541                                                                   
                                                                _______________                                                                         
                                                                     ON BRIEF                                                                           
                                                                _______________                                                                         
                 Before JOHN D. SMITH, GARRIS and WARREN, Administrative Patent Judges.                                                                 
                 WARREN, Administrative Patent Judge.                                                                                                   
                                                                Decision on Appeal                                                                      
                          This is an appeal under 35 U.S.C. ' 134 from the decision of the examiner finally rejecting                                   
                 claims 1 through 4, 8 and 9.  Claims 1 and 8 are illustrative of the claims on appeal:                                                 
                          1. A drilling mud additive concentrate for use in oil-based drilling muds consisting essentially of:                          
                          a hydrocarbon oil and viscosification agent, the viscosification agent being selected from                                    
                 sulfonated and neutralized sulfonated polymers and being present in amounts ranging from about                                         
                 5 gm to about 20 gm per 100 gm of oil.                                                                                                 
                          Claim 8.  In the method of preparing an oil-based drilling mud fluid composition by combining a                               
                 viscosification agent selected from the group consisting of sulfonated and neutralized sulfonated                                      
                                                                                                                                                       
                 1  Application for patent filed March 11, 1993. According to appellants, this application is a                                         
                 continuation of application 07/909,321, filed July 6, 1992, now abandoned, which in turn is a                                          
                 continuation of application 07/720,043, filed June 24, 1991, now abandoned.                                                            

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