Appeal No. 1999-0530 Page 7
Application No. 08/722,682
23 USPQ2d at 1784 (citing In re Gordon, 733 F.2d 900, 902, 221
USPQ 1125, 1127 (Fed. Cir. 1984)).
Here, although Fujino measures the pressure in a
receptacle, it does not obtain a trace of the pressure as a
function of time. To the contrary, it obtains a graph of the
pressure as a function of temperature. Specifically, "FIG. 3
is a graph showing a relationship between gasoline vapor
pressure and temperature in the fuel tank 1, with an abscissa
representing gasoline
temperature (BC) and an ordinate representing gasoline vapor
pressure (mmHg)." Col. 3, ll. 24-28.
Because Fujino merely teaches measuring pressure as a
function of temperature, we are not persuaded that teachings
from the applied prior art would appear to have suggested the
claimed limitations 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" or
"measuring pressure with respect to said tank to obtain a
trace of pressure as a function of time ...." The examiner
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