Ex parte BLUMENSTOCK - Page 1




                       The opinion in support of the decision being entered today was not written                                                       
                       for publication in a law journal and is not binding precedent of the Board.                                                      
                                                                                                                    Paper No. 17                        
                                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                                      
                                                                   ____________                                                                         
                                               BEFORE THE BOARD OF PATENT APPEALS                                                                       
                                                              AND INTERFERENCES                                                                         
                                                                   ____________                                                                         
                                                    Ex parte ANDREAS BLUMENSTOCK                                                                        
                                                                   ____________                                                                         
                                                           Appeal No. 1999-0530                                                                         
                                                      Application No. 08/722,682                                                                        
                                                                   ____________                                                                         
                                                                      ON BRIEF1                                                                         
                                                                   ____________                                                                         
                 Before KRASS, HECKER, and BARRY, Administrative Patent Judges.                                                                         
                 BARRY, Administrative Patent Judge.                                                                                                    



                                                             DECISION ON APPEAL                                                                         
                          This is a decision on appeal under 35 U.S.C. § 134 from                                                                       
                 the  rejection of claims 1-9.  We reverse.                                                                                             


                                                                   BACKGROUND                                                                           
                          The invention at issue in this appeal is a method for                                                                         
                 detecting the presence of a tanking operation on a vessel such                                                                         
                 as a fuel tank of a motor vehicle.  When tanking a vehicle, a                                                                          

                          1An oral hearing scheduled for October 25, 2000, was                                                                          
                 waived.  (Paper No. 16.)                                                                                                               





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