Appeal No. 1997-2263
Application No. 08/266,388
well contains some oil (col. 10, line 58), but the examiner has
not pointed out, and we do not find, where it contains any gas
which can form hydrates. Thus, it is not apparent why the
references would have led one of ordinary skill in the art to
combine with Walton’s composition Sugier’s fatty acid oligo-
dialkanolamides which serve to prevent hydrate formation from
gases. Also, it is not apparent why one of ordinary skill in
the art would have been led by the references to use Walton’s
polyoxyalkylene phosphate ester, which functions in combination
with a solvent and water to clean paraffin formation out of
wells which are shut down, as a hydrocarbon additive as in
Sugier’s process.
For the above reasons, we conclude that the examiner has
not carried the burden of establishing a prima facie case of
obviousness of the invention recited in any of appellants’
claims. Since no prima facie case of obviousness has been
established, we need not address the experimental results. See
In re Piasecki, 745
F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir. 1984); In re
Rinehart, 531 F.2d 1048, 1052, 189 USPQ 143, 147 (CCPA 1976).
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