Appeal No. 2000-0316 10
Application No. 08/587,821
acid and a fluorine-containing acid. See Answer, page 5. We find that this is contrary to
the language of column 7, relied upon above. Furthermore, in accordance with our
previous findings, we do however have a disclosure of low molecular weight acids having
1 to about 6 carbon atoms in conjunction with specific mention of hydroxy carboxylic
acids. However, none of the acids disclosed are within the scope of the claimed subject
matter of claims 72 through 78. Furthermore, there is no motivation to utilize the specific
acids of the claimed subject matter based upon the teachings of the primary reference
alone. In addition, as to the presence of hydrochloric acid disclosed by Kalfayan, there is
no suggestion for combining a low molecular weight organic acid with hydrochloric acid,
the specific language of the specification being in the alternative, i.e., “or.” See our
discussion supra.
As to the secondary reference, Stoesser is likewise directed to the treatment of deep
wells. See column 1, lines 1-2. Stoesser discloses that when the well is acidized with
hydrochloric acid soluble compounds of iron, aluminum or both are first dissolved by the
acid, but as the acid is spent, the pH rises and the compounds remain dissolved only as
long as the pH value is less than that at which precipitation occurs. See column 1, lines
30-54. We find that to prevent aluminum from precipitating, an agent is added to the
hydrochloric acid solution. See column 2, lines 33-38. We find that specific examples of
the agent include “lactic acid, ammonium acetate, glycine, glycollic [sic, glycolic] acid,
citric acid, and the like.” See column 2, lines 45-54. There is however, no discussion or
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