Appeal No. 2002-0836 Page 5
Application No. 09/264,437
Moreover, even if Carpenter’s electrodes were considered to be heater elements
as used in claim 1, we cannot overlook the fact that claim 1 also requires that the
heater elements be surrounded by electrically insulating filler and not be individually
electrically insulated. Carpenter’s electrode or conductor 204 (Figure 14) does not
meet these limitations, as the portion of the electrode surrounded by electrically
insulating filler (insulating cement 201) is also individually electrically insulated with an
electrically insulating jacket 203. The only portion of the electrode which is not covered
with electrically insulating jacket 203, namely, the conductor 204, is surrounded by
gravel or other porous material, which cannot serve as an electrically insulating filler in
order to perform as disclosed by Carpenter.
We must point out, however, that appellants’ statement on page 3 of the brief to
the effect that Carpenter’s “process is not described as heating the formations” is
incorrect. As pointed out above, the passage of current through the salt water in the
formations causes the salt water to be heated, the heated salt water in turn heating the
oil in the formations. Nevertheless, according to Carpenter, the heating of the salt
water is not caused by dissipation of power in the electrodes but, rather, by dissipation
of power by passage of current through the salt water itself. In other words, while the
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