Ex Parte COOK et al - Page 2




          Appeal No. 2003-1391                                                        
          Application No. 09/165,772                                                  


          A further understanding of appellants’ invention may be gleaned             
          from representative independent claim 1 which is reproduced below:          
               1.  A method for automotive evaporative leak detection for use         
          with a system including a tank having vapor at a known pressure at          
          a first point in time, the method comprising:                               
               measuring and recording a first temperature of the vapor at            
          substantially the first point in time;                                      
               measuring and recording a second temperature and a measured            
          pressure of the vapor at a second point in time;                            
               computing a temperature-compensated pressure based on                  
          previously measured values; and                                             
               comparing the temperature-compensated pressure with the                
          pressure measured at a second point in time to detect a leak.               
               Appellants state that claims 1-3 and 17 stand or fall together         
          (Brief, page 4).  Accordingly, we select representative independent         
          claim 1 from this grouping and decide the ground of rejection in            
          this appeal on the basis of this claim alone.  See 37 CFR                   
          § 1.192(c)(7)(2000).                                                        
               The examiner relies upon Basile et al. (Basile), U.S. Patent           
          No. 3,413,840, issued Dec. 3, 1968, as evidence of obviousness.             
          Accordingly, the claims on appeal stand rejected under 35 U.S.C.            
          § 103(a) as unpatentable over Basile (Answer, page 3, with                  
          reference to the prior Office action, Paper No. 15).2  We affirm            

               2The final rejection of claims 1-3 under the second                    
                                                             (continued...)           
                                          2                                           





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