Ex parte STANKE et al. - Page 5




          Appeal No. 97-1628                                                          
          Application No. 08/442,610                                                  


          interface between the casing and the cement, which results in               
          a compression wave component moving through the cement.  It is              
          this compression wave that is reflected back if it strikes an               
          anomaly in the cement.  The examiner finds on page 2 of the                 
          Answer that:                                                                
               The difference between [the appellants’] claims . .                    
               . and the Broding system lies in the energy that is                    
               propagated in the cement (annulus between the casing                   
               and the formation).  In the instant claims, shear                      
               acoustic energy is reflected from the “surface”,                       
               received and therefore interpreted.  In Broding,                       
               compressional acoustic energy is reflected at an                       
               anomaly (surface), received and thereafter                             
               interpreted  (emphasis added).                                         
          The examiner goes on to take the position that Vogel teaches                
          “that in cement bond studies shear wave measurements are                    
          preferable to compressional wave measurements” (Answer, page                
          2), from which the examiner concludes that it would have been               
          obvious to one of ordinary skill in the art to modify Broding               
          by replacing the compressional wave system with one using                   
          shear waves (Answer, page 3).  The appellants dispute this                  
          conclusion, arguing that the examiner has erroneously                       
          interpreted the teachings of Vogel, that there would have been              
          no suggestion to combine the teachings of the two references                


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