The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte SAAD A. KHAN, ROBERT M. KELLY, ROBERT K. PRUD’HOMME,
MATTHEW D. BURKE, YU CHENG and SWAPNIL CHHABRA
__________
Appeal No. 2005-2446
Application No. 09/951,099
__________
ON BRIEF
__________
Before SCHEINER, ADAMS and GREEN, Administrative Patent Judges.
SCHEINER, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a method of “controlling the activity of thermostable
enzyme breakers for the hydrolysis of polysaccharides in hydraulic fracturing fluids.”
Specification, page 1. The examiner has rejected the claims as obvious over the prior art.
We have jurisdiction under 35 U.S.C. § 134. We find that the examiner has not
established a prima facie case of obviousness, and reverse the rejections.
Background
“When the pressure of oil or gas in a reservoir declines as oil or gas is taken from
that reservoir, production from a well in that reservoir declines.” Specification, page 1.
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Last modified: November 3, 2007