Ex parte YAP - Page 2




          Appeal No. 97-2725                                                          
          Application 08/138,456                                                      


          still pending in the application have been withdrawn from                   
          consideration as not being directed to the elected invention.               


               The invention disclosed in appellant’s application                     
          relates to an indicator plate structure 10 which is adopted to              
          be placed in the ground adjacent to the inlet I of a petroleum              
          storage tank T. The indicator plate structure comprises a                   
          molded plate member 20 (defined as a molded primary mass in                 
          the appealed claims) and a plurality of exposed indicator                   
          elements 30 embedded in the plate member and arranged in a                  
          coded pattern for identifying the particular petroleum product              
          to be stored in the associated tank. In appealed claim 1, the               
          indicator structure is defined as a “storage tank label,” and               
          in claim 22, the only other independent claim on appeal, the                
          indicator structure is defined as a “content identifier.”                   
                 A copy of the appealed claims is appended to                         
          appellant’s brief.2                                                         





             Contrary to the examiner’s statement on page 3 of the answer, the copy2                                                                       
             of claim 1 in the appendix to appellant’s brief is incorrect in that it  
             recites that the inlet cover “obtrudes” the conduit, rather than         
             reciting that the cover obturates the conduit.                           
                                          2                                           



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