Ex Parte Gilbert et al - Page 4



         Appeal No. 2006-2629                                                    
         Application No. 09/887,066                                              

         25-30, column 3, lines 11-22, and column 4, lines 30-32 and 39-44       
         (answer, pages 6-7).                                                    
              Cheney’s column 1, lines 25-30 and column 3, lines 11-22           
         disclose that it is important to reduce hydrocarbon emissions           
         from fuel and vapor return lines by making the lines impervious         
         to permeation of hydrocarbons.  Column 4, lines 30-32 states that       
         “in a [sic] application such as fuel lines and vapor recovery           
         systems, outer diameters up to about 2 inches are preferred.”           
         Column 4, lines 39-44 discloses that wall thicknesses between           
         about 0.8 and about 1 mm exhibit better durability, stability and       
         resistance to hydrocarbon permeation than conventional polymeric        
         fuel and vapor tubes.                                                   
              Thus, none of the portions of Cheney relied upon by the            
         examiner pertains to limiting retention of trace hydrocarbons.          
         The examiner’s reason for combining Issenmann and Cheney,               
         therefore, is improper.  Moreover, the examiner has not                 
         established that the reduced permeation disclosed by Cheney would       
         have been desired in Issenmann’s lines by one of ordinary skill         
         in the art.                                                             



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