Appeal No. 2003-0331 Page 3
Application No. 09/106,608
degrees to the vertical and forming a gravity separator, with the openings being
vertically separated, a detector in the vicinity of one of the openings, and flow
controlling equipment (a pump in claims 15 and 21) using measurements from the
detector. Howell discloses a down-hole gravity separator comprising a portion of a
wellbore 12 with an upper flow path (tubing 18) and a lower flow path (passage 21),
with the openings of the passages being vertically separated. Howell teaches (column
4, lines 2-7) that
it is preferred and is highly beneficial to complete at least
that portion of wellbore 11 which passes through producing
formation 12 at an angle to the vertical, i.e. “inclined”
wellbore. By inclining the wellbore, a much better gravity
separation of fluids occurs within the wellbore.
According to Howell (column 4, lines 22-32), the production fluids, which are comprised
of the produced hydrocarbons and some remaining water, flow upward under
differential pressure through tubing 18 to the surface. While some water remains in the
production fluids, the volume of water is substantially reduced, thereby also significantly
reducing both the hydrostatic back-pressure on the formation 123 and the water
separation and handling problems at the surface.
As conceded by the examiner, Howell lacks a flow control device or pump and a
detector located in the vicinity of at least one of the openings for use in controlling the
flow control device, as called for in each of the independent claims. To overcome this
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Last modified: November 3, 2007