Ex parte PAZIK - Page 2




                 Appeal No. 95-4002                                                                                                                     
                 Application 08/081,858                                                                                                                 


                          Appellant’s invention pertains to an integrally molded plastic fuel tank with an                                              
                 internal baffle.  Independent claim 8, a copy of which is appended to appellant’s brief,                                               
                 is representative of the claimed subject matter.2                                                                                      
                          The single reference of record relied upon by the examiner as evidence of                                                     
                 obviousness is:                                                                                                                        
                 Durrett et al. (Durett)                          3,595,422                                 July 27, 1991                               
                          Claims 8-22 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                                   
                 Durrett.                                                                                                                               
                          The rejections are explained in the examiner’s answer (Paper No. 28, mailed                                                   
                 August 13, 1997).                                                                                                                      
                          The opposing viewpoints of appellant are set forth in the brief (Paper No. 23,                                                
                 filed February 1, 1995) and the reply brief (Paper No. 25, filed June 5, 1995).                                                        
                 Appellant also relies on affidavits under 37 C.F.R. § 1.132 filed May 27, 1993 and                                                     
                 March 3, 1994, in support of his position that the claimed subject matter would not have                                               
                 been obvious.                                                                                                                          
                                                                     OPINION                                                                            
                          In rejecting claims 8-22 under 35 U.S.C. § 103, the examiner bears the initial                                                


                          2In independent claim 22, seventh to the last line, “the pocket” lacks a clear                                                
                 antecedent and should apparently be --the baffle--.  Appellant may wish to correct this                                                
                 error in the event of further prosecution.                                                                                             
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