Appeal No. 2001-2079 4
Application No. 09/308,400
The invention as claimed is directed to a water based drilling fluid comprising a fatty
alcohol. In addition, other components may be present in the drilling fluid including, “a
carboxylic acid ester.” See claims 21 through 33. Express support for the additional
ingredient, i.e., carboxylic acid ester is found throughout the specification. See page 3,
lines 22-24. In particular, the specification states that, “[i]n the case of the polyhydric
alcohols, triglycerides, more particularly triglycerides of natural origin, can be of particular
importance.” See page 8, lines 6-8 and claim 33.
It is well known that glycerides of natural origin are inclusive of and directed to
vegetable oil.1 Accordingly, both the disclosed and claimed subject matter unequivocally
provide for the presence of vegetable oil in the water-based drilling fluid.
As to the presence of an emulsifier, the specification does not use the term
“emulsifier” in haec verba. The specification does state, however, with respect to the
esters present in the oil drilling mud, “[i]t will readily be appreciated in this connection
that esters which contain corresponding long-chain hydrocarbon radicals not only in their
fatty acid component, but also in their alcohol component are distinguished by particularly
good and effect-enhancing lubricating properties. In addition, esters of the type discussed
1See Organic Chemistry, Morrison and Boyd, Allyn and Bacon, Boston, (1959), pages 493-4. “In
terms of everyday living, by far the most important esters are those occurring naturally in animal and
vegetable fats. (Liquid fats are often referred to as oils.) Such materials as corn oil, coconut oil, cottonseed
oil, palm oil, tallow, bacon grease and butter are made up largely of esters of carboxylic acids. These esters
are derived from a single alcohol, glycerol HOCH2CHOHCH2OH, and hence are known as glycerides.”
“We see in Table 17.3 that each fat is made up of glycerides derived from many different
carboxylic acids. The proportions of the various acids vary from fat to fat; each fat has its characteristic
composition, which does not differ widely from sample to sample.”
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