Ex parte KOSTEK et al. - Page 7




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


                    We now turn to the rejections 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 surface.   As such Kent does not disclose the                
          steps of both transmitting signals and receiving signals at the             
          drill collar, as recited in claim 7.                                        
                    The examiner argues, in effect, that although Kent                
          depicts the transmitter 37 and receiver 32 mounted at the earth’s           
          surface, this does not detract from the teaching of mounting                
          receivers on drill collars for receiving acoustic energy.                   
          (Answer at page 11).  The examiner has presented no convincing              
          argument why this is so, and none is apparent to us.  Clearly,              
          Kent does not disclose, teach or suggest both transmitting                  
          signals and receiving signals at the collar.  We have again                 

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