Ex Parte 5865251 et al - Page 2




           Appeal No. 2005-1483                                                       2                                
           Application No. 90/005,947                                                                                  


           the claimed subject matter may be ascertained with reference to claims 4-11, 13 and 14                      
           appended to appellants’ brief.                                                                              
                 The references of record relied upon by the examiner as evidence of anticipation                      
           and obviousness are:                                                                                        
                 Rebardi et al. (Rebardi) 4,858,690    Aug. 22, 1989                                                   
                 Restarick, H.L. “Mechanical Fluid Loss Control Systems Used During Sand Control                       
                 Operations”, SPE 23741, March 1992, pp. 455-465.                                                      
                                            The Rejections                                                             
                 Claims 13 and 14, added during re-examination, stand rejected under 35 U.S.C.                         
           §112, second paragraph.                                                                                     
                 Claims 4-6, 10 and 11 stand rejected under 35 U.S.C. § 102(b) as anticipated by                       
           article 23741 from the Society of Petroleum Engineers by Restarick.                                         
                 Claims 4-11 stand rejected under 35 U.S.C. 103(a) as unpatentable over Rebardi                        
           in view of the SPE 23741 reference.                                                                         
                 Claims 7-9 stand rejected under 35 U.S.C. § 103 as unpatentable over the SPE                          
           article in view of Rebardi.                                                                                 
                 For the details of these rejections reference is made to the examiner’s answer.  For                  
           appellants’ response with respect to the rejections reference is made to the appeal brief                   
           and the reply brief.                                                                                        



















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