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 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007