Ex Parte Schauerte - Page 12

               Appeal 2005-2547                                                                          
               Application 10/134,817                                                                    

               the mixer.  Pump 29, when needed, pressurizes the water stream in conduit                 
               16 that feeds the Static Mixer.  Pumps 10 and 21 pressurize conduits 13 and               
               24, respectively, to allow addition of the polymer and surfactant to the water            
               in conduit 16.  Pump 29 is the main conveying force in the system.                        
                     As surfactants, Venema discloses that any water soluble surfactant can              
               be used (Venema, col. 9, ll. 3-5).  Venema also discloses that other                      
               surfactants including clays can be used (Venema, col. 9, ll. 28-32).                      
                     Landers is directed to a method and apparatus for horizontal well                   
               drilling.  Landers evinces the well known aspect of using a drilling fluid in             
               horizontal well drilling.  Landers describes the fluid 56 as generally a                  
               mixture of a surfactant and water (Landers, col. 4, ll. 11-12).                           
                     Appellant’s Specification further indicates that use of a drilling fluid            
               in horizontal drilling was conventional in the art (Specification 2:6-10).  The           
               clay bentonite was commonly used as a drilling fluid additive as were                     
               polymers (Specification 2:11-20)                                                          
                     Appellant argues claims 17, 19, and 21 as a group and claims 18, 20,                
               and 22 as a second group.  We select claim 19 as representative for the first             
               group and 20 as representative for the second group.                                      
                     1.  Claim 19                                                                        
                     Upon reviewing the arguments of Appellant, we find that many of the                 
               arguments raise the question of what the claims encompass.  For instance,                 
               according to Appellant, the surfactant of Venema cannot be considered a                   
               “drilling fluid additive medium” as claimed (Br. 42).  Further according to               
               Appellant, Venema’s pump 29 does not pump pressurized drilling fluid                      
               suspension to a horizontal drill head (Br. 43-44), nor pressurize the water               


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