Ex Parte SHUCHART et al - Page 5




             Appeal No. 2000-0316                                                                   5              
             Application No. 08/587,821                                                                            

             solution which is injected following the injection of the silane material can be any of the           
             well known fluorine-containing acidizing solutions comprising a mixture of (1) a first                
             acidizing component comprising a non-oxidizing mineral acid, an acid precursor, or a low              
             molecular weight organic acid or halogenated derivative thereof, and (2) a second acidizing           
             component comprising a fluorine-containing acid or salt.”  See column 6, lines 58-65.  We             
             find that the low molecular weight acids disclosed by Kalfayan include hydroxy carboxylic             
             acids within the scope of the composition.  Kalfayan states that, “from 1 to about 6 carbon           
             atoms, such as formic, acetic, citric, propionic, and tartaric acids and mixtures thereof,”           
             are present in the composition.  See column 7, lines 37-40.  We further find that the                 
             organic acid may be used in concentrations of 10 to 80% by weight.  See column 7, lines               
             45-48.  We conclude that the proportion of 10% organic acid falls within the scope of the             
             claimed subject matter.  We find that suitable fluorine containing acid includes hydrofluoric         
             acid and fluorine containing  salts.  See column 7, lines 49-50.  We find that hydrofluoric           
             acid is present in an amount of 3% by weight which is within the scope of claim 82.  See              
             Examples 1 and 2.                                                                                     
             Accordingly, there is a general disclosure for combining a low molecular weight                       
             organic acid with hydrofluoric acid in the amount required by the claimed subject matter of           
             claims 26, 27, and 82.                                                                                
             In our view the presence of each of the requisite components, i.e., water,                            
             hydrofluoric acid and a hydroxy carboxylic acid in amounts falling within the scope of                






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