Ex Parte Benjey - Page 1






                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                      __________                                                           
                                    BEFORE THE BOARD OF PATENT APPEALS                                                     
                                                AND INTERFERENCES                                                          
                                                      __________                                                           
                                             Ex parte ROBERT P. BENJEY                                                     
                                                      __________                                                           
                                                 Appeal No. 2006-1744                                                      
                                               Application No. 10/060,121                                                  
                                                      __________                                                           
                                                       ON BRIEF                                                            
                                                      __________                                                           

              Before OWENS, LEVY, and FETTING, Administrative Patent Judges.                                               
              OWENS, Administrative Patent Judge.                                                                          

                                                DECISION ON APPEAL                                                         
                     This appeal is from a rejection of claims 1-12, which are all of the pending claims.                  
                                                    THE INVENTION                                                          
                     The appellant claims a system and method for controlling the flow of liquid fuel                      
              and fuel vapor during refueling of a motor vehicle fuel tank.  Claim 1 is illustrative:                      
                     1. A system for controlling flow of liquid fuel and vapor during refueling of a motor                 
              vehicle fuel tank with a filler tube for receiving a fuel dispensing nozzle comprising:                      
                     (a) a vent valve disposed in the tank and having an inlet communicating with the                      
              vapor dome in the tank and an outlet communicating with a remote vapor storage                               
              device;                                                                                                      



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