Ex parte KOSTEK et al. - Page 8




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


          reviewed the disclosures of Lord, Cox, Ely, Hoyle, Schuster,                
          Moser, Waters, Brie and Hsu as they relate to Kent, but have                
          found nothing in these references that would have motivated a               
          person of ordinary skill in the art to modify the apparatus                 
          disclosed in Kent so that the receiving step takes place at the             
          drill collar, where the transmitting step takes place.                      
          Therefore, we will not sustain the rejections of claim 7 as                 
          unpatentable under 35 U.S.C. § 103 based on the use of Kent as              
          the primary reference.  As each of the independent method claims            
          recite a step of receiving an emitted 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 rejections as to claims 10-            
          16 and 19-24 based on the use of Kent as the primary reference.             












                    The decision of the examiner is reversed.                         

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