Ex parte KOSTEK et al. - Page 6




          Appeal No. 95-1276                                                          
          Application 07/839,969                                                      


          references do not disclose tools which are utilized during                  
          drilling.                                                                   
                    In view of the foregoing, we will not sustain the                 
          examiner’s rejection of claim 80 as unpatentable under 35 U.S.C.            
          § 103 based on the use of Lygas as a primary reference.  As each            
          of the independent method claims recite a step of receiving an              
          acoustic signal at a location on the drill collar and each of the           
          independent apparatus claims recite that the receiver is mounted            
          on a drill collar, we also will not sustain the rejection of                
          claims 21-79 and 81-87 based on the use of Lygas as a primary               
          reference.                                                                  
                    We now turn to the rejection of the pending claims                
          based on the use of Kent as the primary reference.  Kent                    
          discloses a transducer for coupling an acoustic signal to a                 
          borehole drilling string during drilling.  A sensor is mounted in           
          the borehole in a sub-unit 38 which is adapted to generate an               
          electrical measure of data relating to the operation of drill bit           
          40 such as fluid pressure or temperature  (Col. 3, lines 7-10).             
          The output from this sensor modulates an acoustic transmitter and           
          the resultant acoustic wave is propagated toward the earth’s                
          surface along the drill string 35 (Col. 3, lines 6-28) where it             
          is received by a receiver mounted in a sub unit 32 at the earth’s           

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