Ex Parte MUELLER et al - Page 2




              Appeal No. 2001-2079                                                                        2               
              Application No. 09/308,400                                                                                  

              application.1                                                                                               

                      THE INVENTION                                                                                       

              The invention is directed to a water-based drilling fluid comprising a fatty alcohol                        
              based additive.  The drilling fluid is free from both a vegetable oil and an emulsifier.                    
              Additional limitations are described in the following illustrative claim.                                   
                                                  THE CLAIM                                                               

              Claim 13 is illustrative of appellants’ invention and is reproduced below.                                  

              13.  A water-based drilling fluid comprising:                                                               
                     a)     0.5 to 5 percent by weight of a fatty alcohol-based                                           
                           additive comprising linear or branched monohydric fatty alcohol having at                     
                            least 12 carbon atoms; and                                                                    
                     b)     water and wherein the water-based drilling fluid is free of both a vegetable oil              
                            and an emulsifier.                                                                            
                                                                                                                         
                                                  THE REJECTION                                                           
                                                                                                                         
              Claims 13 through 35 stand rejected under 35 U. S. C. § 112, first paragraph, as                            
              containing subject matter which was not described in the specification in such a way as to                  
              reasonably convey to one skilled in the relevant art that the inventors, at the time the                    
              application was filed, had possession of the claimed invention.                                             


                     1An amendment after final filed September 25, 2000 was denied entry.                                 





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