Ex parte RAMSEY et al. - Page 4




          Appeal No. 97-4183                                                          
          Application 08/424,128                                                      


          unpatentable over Miller in view of Kistler.  We will not,                  
          however, sustain the rejection of claims 9-14 under 35 U.S.C.               
          § 103(a) as being unpatentable over the Russian publication in              
          view of Kistler.                                                            
               Considering first the rejection of claims 9-14 under 35                
          U.S.C. § 103(a) as being unpatentable over Miller in view of                
          Kistler, it is the examiner’s position that:                                




                         Miller et al ’346 disclose that the                          
                    initially closed nozzle is opened by fluid                        
                    pressure when the initially open nozzle                           
                    becomes eroded (column 4, lines 15-39).                           
                    However, Miller et al ’346 also disclose in                       
                    column 4, lines 4-8 that the dimensions and                       
                    pattern of the initially closed nozzle                            
                    system can be different from those of the                         
                    initially open nozzles to permit the bit to                       
                    adapt to different drilling conditions by                         
                    merely closing one nozzle system and                              
                    opening the other.                                                

                                        * * *                                         

                         Kistler, Jr. ’413 discloses that it is                       
                    desired to use different nozzle dimensions                        
                    for different drilling conditions during                          
                    the course of drilling a borehole, such as                        
                    type and depth of formation, rotary speed,                        
                    weight on bit mud weight, etc. (see column                        
                                          4                                           





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