Ex Parte Benjey - Page 3




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

                     Yamazaki discloses “an evaporative fuel processing device for suppressing the                         
              release of evaporative fuel from a fuel tank during refueling with a refueling nozzle” (col.                 
              1, lines 7-10).  The device includes a float valve (26) in communication with the vapor                      
              dome of the tank, and an evaporative fuel passage (23a, 55) between the float valve                          
              and a refueling line (22) (col. 3, lines 44-58; col. 4, lines 8-20; figure 1).                               
                     Aubel discloses a motor vehicle fuel vapor recovery system having a fuel nozzle                       
              seal (24) (col. 3, lines 59-63; figure 3).                                                                   
                     Hashimoto discloses a filler tube (3) having a neck portion in a closely fitting                      
              arrangement with a nozzle (N) (col. 5, line 12; figure 4).                                                   
                     The appellant argues that at column 9, lines 7-9 Yamazaki explicitly recognizes                       
              that generating fuel vapor requires drawing fresh air into a filler tube during refueling,                   
              and that adding Aubel’s seal to Yamazaki’s nozzle would prevent fresh air from being                         
              drawn in, causing the rushing fuel to pull the limited amount of air below the seal toward                   
              the tank and create a vacuum at the nozzle tip, thereby shutting off the nozzle                              
              prematurely (brief, page 4; reply brief, page 2).  The portion of Yamazaki relied upon by                    
              the appellant states that “[e]vaporative fuel newly generated in the tank body 21 is                         
              increased in accordance with an increase of fresh air attendant with a decrease of                           
              evaporative fuel circulated.”  That portion does not state that air is desirable or is to be                 
              increased.  Yamazaki discloses connecting evaporative fuel passage 273 at a location                         
              nearer the tank body than a shutter (57) that appears to be comparable to the                                
              appellant’s seal (col. 9, lines 48-54; figure 9).  Moreover, the appellant acknowledges                      
              that it was known in the art to attach a vapor recirculation line to a nozzle downstream                     

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