Ex Parte Benjey - Page 4



          Appeal No. 2005-0880                                            4           
          Application No. 09/963,815                                                  

                    Valve 7a has conduit 9a connected thereto and to                  
               storage canister 10a which is vented through the                       
               atmospheric air inlet tube 12a.  Canister 10a has a                    
               purge line 1la connected thereto and adapted for                       
               connection to the air (not shown) of the vehicle                       
               engine.  Tube 9a is also connected through conduit 13a                 
               to the enlarged upper end 5a of the filler neck for                    
               recirculating fuel vapor thereto.  During filling, the                 
               aspirating effects of the liquid fuel flow from the                    
               nozzle creates a reduced pressure in the upper end of                  
               the tube 5a and draws in air and vapor from 13a into                   
               the filler tube 4a and the tank.  The air drawn in                     
               further increases fuel vaporization.  Flow of fuel                     
               vapor to the atmosphere through tube 13a can occur if                  
               13a vapor flow is not significantly limited [pages 3                   
               and 4].                                                                
               The examiner’s determination (see page 2 in the final                  
          rejection) that the admitted prior art teaches, or would have               
          suggested, a method responsive to all of the limitations in claim           
          1 except for those pertaining to the mechanical seal between the            
          nozzle and filler neck is reasonable on its face and has not been           
          disputed by the appellant.  To overcome this deficiency in the              
          admitted prior art, the examiner turns to Allison.                          
               Allison relates to “motor vehicle fuel filling systems and,            
          more particularly, to a fuel and vapor control system for                   
          controlling the release of evaporative and running loss fuel                
          vapors into the atmosphere” (column 1, lines 7 through 11).  The            
          control system 200 illustrated in Figures 7 and 8 comprises a               







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