Appeal 2007-1101
Application 10/248,535
forth objections to claims 6, 7, 14, 20, and 23 through 27. We have
jurisdiction under 35 U.S.C. §§ 6(b) and 134(a). An oral hearing on this
appeal was conducted on Tuesday, July 10, 2007.
As best representative of the disclosed and claimed invention,
representative independent claim 1 is reproduced below:
1. An apparatus for measuring the pressure of an underground
formation penetrated by a wellbore, comprising:
a housing positionable in the wellbore;
a probe operatively connected to said housing, said probe positionable
in sealing engagement with a sidewall of the wellbore;
a piston contained in said probe and axially movable therein, said
piston having an end positionable adjacent the sidewall of the wellbore and
retractable therefrom whereby a cavity is defined for receiving fluid from the
formation;
an oscillator operatively connected to the piston for fluctuating the
fluid in the cavity; and
a gauge for measuring the pressure of fluid in the cavity.
The following references are relied on by the Examiner:
Brieger US 3,934,468 Jan. 27, 1976
Proett US 5,703,286 Dec. 30, 1997
Georgi US 5,770,798 Jun. 23, 1998
Ciglenec US 6,164,126 Dec. 26, 2000
Meister WO 02/08571 A1 Jan. 31, 2002
All claims on appeal stand rejected under 35 U.S.C. § 103. As
evidence of obviousness as to claims 1 through 5, 8 through 13, 15, 16, and
28 through 30, the Examiner relies upon Ciglenec in view of Meister in a
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