Ex parte KOSTEK et al. - Page 4




          Appeal No. 96-4183                                                          
          Application 08/235,625                                                      

                    Claims 7, 10-16 and 19-24 stand rejected under 35                 
          U.S.C. § 103 as being unpatentable over the references as stated            
          above for claims 7 and 10-16 “when taken with Hsu et al” (Final             
          Rejection, page 8).                                                         
                   Rather than reiterate the respective positions of the             
          examiner and the appellants in support of their respective                  
          positions, reference is made to the examiner’s answer (Paper No.            
          14) and the appellants’ brief (Paper No. 13) for the full                   
          exposition thereof.                                                         
                                       OPINION                                        
                    We have carefully reviewed the appellants’ invention as           
          described in the specification, the appealed claims, the prior              
          art applied by the examiner, and the respective positions                   
          advanced by appellants in the brief and the examiner in the                 
          answer.  As a consequence of this review, we conclude that the              
          rejections of the examiner should not be sustained.                         
                    Independent claim 7 calls for, inter alia, the step of            
          receiving, at a location on the drill collar, acoustic energy               
          returned form the surrounding earth formations.                             
                   Considering first the rejection based on the use of               
          Lygas as the primary reference, Lygas discloses a method for                
          performing logging while drilling a borehole traversing an earth            
          formation, including drilling the borehole with a drill string 13           
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