Ex Parte Benjey - Page 2




              Appeal No. 2006-1744                                                                                         
              Application No. 10/060,121                                                                                   

                     (b) a seal disposed in the filler tube and operable for sealing about the nozzle                      
              upon insertion therein;                                                                                      
                     (c) a recirculation conduit having one end connected to admit fuel vapor to the                       
              filler tube at a location downstream of the seal and having an end opposite said one end                     
              connected to receive fuel vapor from the outlet of said vent valve; and,                                     
                     (d) a neck portion in the filler tube downstream of the location of said recirculation                
              conduit connection location, wherein said neck has the inner periphery thereof sized to                      
              receive the nozzle in closely fitting arrangement and to form an effective dynamic seal                      
              about liquid discharging from the nozzle.                                                                    

                                                  THE REFERENCES                                                           
              Aubel et al. (Aubel)               5,183,087       Feb.  2, 1993                                             
              Yamazaki et al. (Yamazaki)         5,606,954       Mar.  4, 1997                                             
              Hashimoto et al. (Hashimoto)       5,769,057       Jun. 23, 1998                                             


                                                   THE REJECTION                                                           
                     Claims 1-12 stand rejected under 35 U.S.C. § 103 as being unpatentable over                           
              Yamazaki in view of Aubel and Hashimoto.                                                                     
                                                        OPINION                                                            


                     We affirm the aforementioned rejection.                                                               
                     The appellant does not argue any particular claim, or argue that if the references                    
              were combined, the claimed invention would not be obtained.  The appellant’s sole                            
              argument is that one of ordinary skill in the art would not have combined the teachings                      
              in the applied references.  Hence, we limit our discussion to that argument.  See 37                         
              CFR § 41.37(c)(1)(vii)(2004).                                                                                


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