Ex parte STAHL et al. - Page 8




          Appeal No. 94-4409                                                          
          Application 07/958,526                                                      


          claimed limitation involving the bore hole hostile conditions               
          which is defined by temperature and divalent ion concentration              
          ?above the infinite days line of Figure 14.?  As appellants                 
          note in their Brief at page 12, with the exception of claim 87              
          which recites hostile conditions to be at temperature of at                 
          least 100EF  and a salinity of at least 10g/kg solution, all                
          appealed claims recite hostile conditions as defined by                     
          temperature and multivalent ion concentration above the                     
          infinite days line of Figure 14.  Appellants further point out              
          and note that this nominally requires a temperature in excess               
          of 160EF.  Appellants argue that Uhl fails to make obvious the              
          process of forming a drilling fluid containing the defined                  
          polymers and circulating the drilling fluid and the bore hole               
          during the drilling of a well wherein the fluid is exposed to               
          the ?hostile conditions? as defined in the claims.  We disagree             
          with appellants’ assessment of the teachings in Uhl.                        
               Initially, we point out that Uhl describes the polymers                
          of his invention as having excellent calcium tolerance                      
          (multivalent ion concentration) and excellent thermal                       
          stability compared with commercial fluid additives.  See the                
          reference at column 1, lines 16 through 18.  Uhl further                    
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