Ex parte KOWALSKI et al. - Page 7




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


          Jacobs, the reference reports that EDTA is ineffective under                
          certain pH conditions.  See the reference at column 2, lines                
          41 through 46.  In our view, the relied upon disclosures in                 
          Jacobs are too speculative to have motivated a person of                    
          ordinary skill in the art to encapsulate the ?common iron                   
          sequestering agents? for the purpose of acidizing subterranean              
          reservoir formations.                                                       
               In summary, the examiner’s rejection of appealed claims                
          1-3, 5-9, and 11-24 over Mosier combined with Hen is affirmed.              
          The examiner’s rejection of appealed claim 10 over the same                 
          references is reversed.  The examiner’s alternatively stated                
          rejection under 35 USC § 103 of the appealed claims over                    
          Mosier in view of Jacobs is also reversed.  Accordingly, the                
          decision of the examiner is affirmed-in-part.                               












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