Appeal No. 2004-0118 Page 2
Application No. 09/214,663
BACKGROUND
The appellant's invention relates to a plastic fuel tank. An understanding of the
invention can be derived from a reading of exemplary claim 1, which has been
reproduced below.
The single prior art reference of record relied upon by the examiner in rejecting
the appealed claims is:
Luigi European Patent Application 0 064 310 Nov. 10, 1982
Claims 1-4 and 8-18 stand rejected under 35 U.S.C. § 102(b) as being clearly
anticipated by Luigi.1
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the Answer
(Paper No. 29) for the examiner's complete reasoning in support of the rejection, and to
the Corrected Appeal Brief (Paper No. 28) and the Reply Brief (Paper No. 30) for the
appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art reference, and to the
1A rejection of claims 1-4 and 8-18 as being anticipated by Bergesio U.S. Patent No. 4,453,564
was withdrawn in the Answer.
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