Ex parte KOWALSKI et al. - Page 2




          Appeal No. 95-0562                                                          
          Application 07/878,940                                                      



          Mosier                   3,676,363           Jul. 11, 1972                  
          Hen                      5,068,042           Nov. 26, 1991                  
          Jacobs et al. (Jacobs)   5,112,505           May  12, 1992                  
                                        (filed Sep. 13, 1990)                         
               The appealed claims stand rejected for obviousness (35                 
          USC                                                                         
          § 103) over Mosier in view of either Hen or Jacobs.                         
               The subject matter on appeal is directed to oil field                  
          chemical microcapsules having a gelatin wall stabilized by a                
          strong chelating agent such as EDTA.  The microcapsules                     
          contain oil well chemicals such as scale inhibitors or                      
          corrosion agents.  Appellants allegedly have discovered that                
          premature microcapsule destruction by brine solutions                       
          containing 20,000 mg/ml of chloride ion (as commonly found in               
          oil wells) may be avoided by incorporation of certain classes               
          of strong chelating agents which stabilize the capsule wall                 
          and thus allegedly provide for an extended time release of the              
          oil well chemical.                                                          
               As evidence of obviousness, the examiner principally                   
          relies on Mosier.  This reference discloses a microcapsule                  
          with a gelatin wall containing droplets of an oil well                      
          chemical treating agent such as a corrosion inhibitor.  An                  
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