Appeal No. 2002-1763 Page 2
Application No. 09/267,149
THE CLAIMED SUBJECT MATTER
Claim 45, the only independent claim, is illustrative of the subject matter on appeal:
45. A method for preserving a petroleum-based liquid product containing atmospheric
oxygen in the head space during storage comprising the steps of:
(a) displacing substantially all atmospheric oxygen from the head space of a container
containing said product using an inert gas or blend of inert gases, said gas or said
blend being heavier than atmospheric oxygen; and
(b) dispensing inert gas or said blend of inert gases is into said container from an
aerosol can; and
(c) sealing said container for storage after said atmospheric oxygen has been
displaced from said container with said gas or said blend.
THE EVIDENCE
As evidence of unpatentability, the Examiner relies upon the following prior art
references:
Zinke 3,878,664 Apr. 22, 1975
Perlman 5,060,823 Oct. 29, 1991
Marano et al. (Marano) 5,452,563 Sep. 26, 1995
THE REJECTIONS
Claims 45-51 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over: (1)
Marano in view of Perlman and (2) Zinke in view of Perlman. We reverse with respect to both
rejections for the following reasons.
OPINION
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