Appeal No. 2002-0836 Page 2 Application No. 09/264,437 1. A wellbore heater comprising: a plurality of electrically conductive heater elements within the wellbore, each element spaced from the other elements and located around the circumference of the wellbore; and an electrically insulating filler surrounding the elements within the wellbore; wherein a metal casing around the heater is not present and the heater elements are not individually electrically insulated. The examiner relied upon the following prior art references in rejecting the appealed claims: Stegemeier 2,932,252 Apr. 12, 1960 Carpenter 4,199,025 Apr. 22, 1980 The following is the sole rejection before us on appeal. Claims 1-7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Carpenter in view of Stegemeier. Rather than reiterate the conflicting viewpoints advanced by the examiner and the appellants regarding the above-noted rejection, we make reference to the answer (Paper No. 13) for the examiner's complete reasoning in support of the rejection and to the brief (Paper No. 12) for the appellants’ arguments thereagainst. OPINION In reaching our decision in this appeal, we have given careful consideration to the appellants’ specification and claims, to the Carpenter and Stegemeier patents, and to the respective positions articulated by the appellants and the examiner. For thePage: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007