Appeal No. 2003-0331 Page 4 Application No. 09/106,608 deficiency, the examiner relies on the teachings of Shaw and determines that it would have been obvious to modify Howell to include such a detector and a pump being operationally controlled by the detector in order to maximize the rate of production of hydrocarbon and to determine when the producing formation was no longer producing hydrocarbon (answer, pages 4-5). Shaw discloses a down-hole hydrocyclone separator in a wellbore for separating water from oil, with an elaborate array of sensors, valves and pumps used in conjunction with the hydrocyclone separator to achieve the proper separation and to optimize the performance of the separator. The control system and sensors are described in detail in columns 3-5 of Shaw. As pointed out by appellants (brief, page 7), Shaw teaches a hydrocyclone separator which is much more complex than a gravity separator and requires an elaborate system of sensors and controllers to ensure its proper operation. This is in contrast to a gravity separator which relies on gravity, not the operation of a plurality of fluid control devices, for its operation. We find in neither Howell nor Shaw an appreciation of a need for detection and flow control equipment in a gravity separator of the type taught by Howell to optimize the performance of the separator, much less any suggestion to locate a detector in the vicinity of one of the openings as called for in appellants’ independent claims.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007