Ex parte MYERS et al. - Page 14




          Appeal No. 1999-0444                                                        
          Application No. 08/758,655                                                  


          Again, in our opinion, one of ordinary skill in the art                     
          would have been motivated by these advantages as taught by                  
          Rubbo 494 to set the packer or/and fire the gun of Leutwyler                
          803, as modified by Ross '860 or Council '046 or Crawford                   
          '642, with an acoustical signal or a pressure signal.                       


          Appellants further argue that the examiner seeks to                         
          combine Leutwyler with the other references without                         
          considering the fact that Leutwyler 803 does not make any                   
          suggestion of how the components of Leutwyler 803 would                     
          operate without an electrical signal received from a wireline               
          configuration.  This argument is not convincing.  As is noted               
          by the examiner, it is well known in the art that when a                    
          coiled tubing is utilized to run an electrically operated                   
          downhole well tool, an electrical cable is provided inside the              
          coiled tubing so that electrical signals may be sent downhole               
          to actuate the well tool.  Moreover, the secondary reference                
          to Rubbo ‘494 discussed above clearly shows that it is also                 
          well known in the art to actuate a downhole tool by using a                 
          pressure signal, a physical movement signal or an acoustical                
          signal or a combination thereof for various advantages as                   
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