Ex parte BLUMENSTOCK - Page 3




          Appeal No. 1999-0530                                       Page 3           
          Application No. 08/722,682                                                  


               removing the fill nozzle and closing the receptacle,                   
               the method comprising the steps of:                                    
                    measuring pressure with respect to said                           
               receptacle to obtain a trace of pressure as a                          
               function of time which is characteristic for a                         
               tanking operation; and,                                                
                    concluding that a tanking operation is present                    
               from said trace.                                                       

               The reference relied on in rejecting the claims follows:               
               Fujino              5,193,5111          Mar. 16, 1993.                 
          Claims 1-9 stand rejected under 35 U.S.C. § 103(a) as obvious               
          over Fujino.  Rather than repeat the arguments of the                       
          appellant or examiner in toto, we refer the reader to the                   
          brief and answer for the respective details thereof.                        


                                       OPINION                                        
               In deciding this appeal, we considered the subject matter              
          on appeal and the rejection advanced by the examiner.                       
          Furthermore, we duly considered the arguments and evidence of               
          the appellant and examiner.  After considering the record, we               
          are persuaded that the examiner erred in rejecting claims 1-9.              
          Accordingly, we reverse.                                                    









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