Ex Parte RAMOS et al - Page 4




               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.                                                                                         









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