Ex Parte Maus et al - Page 5




              Appeal No. 2002-2203                                                               Page 5                
              Application No. 09/584,526                                                                               


              density of the mud in the riser at a point just above the blowout preventer, locally                     
              measuring the density of the mud and comparing the predicted and measured density                        
              values.  If gas is present in the mud, thereby indicating a “gas kick,” the measured                     
              density will be lower than the predicted value.  Note the paragraph bridging columns 3                   
              and 4.  While Calcar focuses primarily on “kick” detection, Calcar also points out                       
              (column 4, lines 8-10) that, in addition to gas kicks, “lost circulation conditions can be               
              determined using this invention.”                                                                        
                     It is our opinion that the combined teachings of Bruce and Calcar are sufficient to               
              have suggested the subject matter of claim 12.  Specifically, the combined teachings of                  
              Bruce of adjusting lift gas flow rate to control the riser base pressure and of Calcar of                
              comparing measured riser mud density to a predicted density as an early indicator of a                   
              kick or lost circulation situation would have suggested to one of ordinary skill in the art              
              at the time of appellants’ invention a method including predicting riser fluid density,                  
              measuring the actual riser fluid density, comparing the predicted and measured values                    
              to determine if either a kick or lost circulation situation exists, as taught by Calcar, and             
              increasing the lift gas flow rate, as taught by Bruce, if a lost circulation situation is                
              detected.                                                                                                
                     Appellants argue that the examiner’s combination of Bruce and Calcar is                           
              improper because neither reference indicates a recognition that decreasing the rate of                   
              injection of lift gas cannot provide sufficient control with regard to preventing the influx             








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