Appeal No. 1999-0444
Application No. 08/758,655
With respect to the Rubbo 494 reference, appellants argue
that this reference teaches away from the Leutwyler reference
in that the Rubbo reference discloses a perforating gun
attached to the packer at the time the gun is fired. This
argument is not convincing. What is relied on in the
secondary reference to Rubbo '494 is the teaching of actuating
one or more downhole well tools (e.g., packers, perforating
guns) carried by a tubing with an acoustical signal or a
pressure signal (see column 3, lines 32-46; column 4, lines 1-
29 and lines 44-49). Rubbo '494 clearly discloses that the
use of an acoustical signal or pressure signal to actuate a
tubing supported gun or/and packer provides an unusually
economical, yet highly reliable system for effecting the
remote operation of downhole well tools (column 5, lines 30-
41). In this regard, the fact that the perforating gun of
Rubbo '494 is attached to the packer at the time the gun is
fired is irrelevant, since we are relying on Rubbo 494 only
for a teaching of actuating the perforating gun with an
acoustical signal or a pressure signal.
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