Appeal No. 97-1243
Application 08/443,301
if rewritten in independent form to include all of the
limitations of the base claim and any other intervening claim.
Claims 5-7, the only other claims remaining in the
application, have been withdrawn from further consideration
under 37 CFR § 1.142(b) as not being readable on the elected
species. An amendment filed subsequent to the final rejection
has been entered.
Appellant’s invention pertains to a pump for use in
detecting leaks in the fuel tank system of an internal
combustion engine. Claim 1, a copy of which is found in an
appendix to appellant’s brief, defines the appealed subject
matter.
The sole reference relied upon by the examiner in support
of the rejection under appeal is:
Stocker et al. (Stocker), "Tank Diagnosis: A Novel Method For
Reliable Leakage Detection, Aachener Kolloquium on Motor
Vehicle and Engine Technology, pp. 467-477 (1993).2
Claim 1 stands rejected under 35 U.S.C. § 102(b) as being
2Our understanding of this reference is derived from a
discussion thereof found on pages 1 to 3 of appellant’s
specification, a partial translation submitted by appellant,
and a complete translation prepared in the Patent and
Trademark Office. A copy of the PTO translation is attached
to this opinion.
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