Ex Parte Maus et al - Page 3




              Appeal No. 2002-2203                                                               Page 3                
              Application No. 09/584,526                                                                               


                     Claim 13 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                      
              Bruce in view of Calcar and Maus.                                                                        
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                     
              the appellants regarding the above-noted rejections, we make reference to the answer                     
              (Paper No. 13) for the examiner's complete reasoning in support of the rejections and to                 
              the brief and reply brief (Paper Nos. 12 and 15) 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 applied prior art references, and to the                
              respective positions articulated by the appellants and the examiner.  As a consequence                   
              of our review, we make the determinations which follow.                                                  
                     We turn first to the rejection of claim 1 as being unpatentable over Bruce in view                
              of Dower.  Bruce teaches that proper control of offshore wells requires that the riser                   
              base pressure (the hydrostatic pressure exerted on the subsurface formation) be kept                     
              at a sufficient level to overcome formation pressure without exceeding the natural                       
              fracture gradient of the formation (column 1, lines 32-41).  With this in mind, Bruce                    
              discloses a method of pressure control comprising monitoring the riser base pressure                     
              and adjusting the rate of lift gas injection into the riser to control the density of the fluid          
              in the riser to thereby adjust the riser base pressure.  Bruce does not disclose using a                 








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