Ex Parte Benjey - Page 1



            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         
                   UNITED STATES PATENT AND TRADEMARK OFFICE                          
                                     ____________                                     
                       BEFORE THE BOARD OF PATENT APPEALS                             
                                 AND INTERFERENCES                                    
                                     ____________                                     
                               Ex parte ROBERT P. BENJEY                              
                                     ____________                                     
                                 Appeal No. 2005-0880                                 
                              Application No. 09/963,815                              
                                     ____________                                     
                                  HEARD: June 8, 2005                                 
                                     ____________                                     
          Before FRANKFORT, MCQUADE, and NASE, Administrative Patent Judges.          
          MCQUADE, Administrative Patent Judge.                                       

                                  DECISION ON APPEAL                                  
               Robert P. Benjey appeals from the final rejection of claims            
          1 through 11, all of the claims pending in the application.                 
                                   THE INVENTION                                      
               The invention relates to “systems for providing controlled             
          venting and preventing escape to the atmosphere of fuel vapor               
          from a fuel tank, particularly on board a motor vehicle, and more           
          particularly during refueling” (specification, page 2).                     
          Representative claim 1 reads as follows:                                    
               1. A method of controlling fuel tank vapor venting during              
          refueling comprising:                                                       
               (a) providing a fuel filler neck on the tank and inserting a           
          fuel filler nozzle in the tank filler neck and mechanically                 
          sealing between the nozzle and filler neck;                                 




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