Ex Parte VINEGAR et al - Page 2




              Appeal No. 2002-0836                                                                  Page 2                
              Application No. 09/264,437                                                                                  


                            1.  A wellbore heater comprising:                                                             
                                   a plurality of electrically conductive heater elements                                 
                            within the wellbore, each element spaced from the other                                       
                            elements and located around the circumference of the                                          
                            wellbore; and                                                                                 
                                   an electrically insulating filler surrounding the                                      
                            elements within the wellbore; wherein a metal casing around                                   
                            the heater is not present and the heater elements are not                                     
                            individually electrically insulated.                                                          
                     The examiner relied upon the following prior art references in rejecting the                         
              appealed claims:                                                                                            
              Stegemeier                                 2,932,252                    Apr. 12, 1960                       
              Carpenter                                  4,199,025                    Apr. 22, 1980                       
                     The following is the sole rejection before us on appeal.                                             
                     Claims 1-7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                        
              Carpenter in view of Stegemeier.                                                                            
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejection, we make reference to the answer                         
              (Paper No. 13) for the examiner's complete reasoning in support of the rejection and to                     
              the brief (Paper No. 12) for the appellants’ arguments thereagainst.                                        
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellants’ specification and claims, to the Carpenter and Stegemeier patents, and                      
              to the respective positions articulated by the appellants and the examiner.  For the                        







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