Ex parte TIPTON et al. - Page 7




          Appeal No. 1998-0578                                                         
          Application 08/349,633                                                       

               The appellant acknowledges that Stanczyk discloses a                    
          system for considering treatment, storage and disposal of                    
          waste material, that Stanczyk provides “cradle-to-grave”                     
          tracking of waste from the time of generation of the waste to                
          the time of their disposal, and that Stanczyk provides for                   
          tracking of individual containers of hazardous materials                     
          (Brief at page 12).                                                          
          But that is not sufficient to support an anticipation                        
          rejection                                                                    
          of claims 21, 22 and 38.  The examiner has not identified or                 
          discussed any disclosure in Stanczyk which teaches the storing               
          of data representing “containers storing hazardous materials                 
          that are in-use” as opposed to containers storing hazardous                  
          materials that are classified as waste.  The examiner has not                
          shown that in Stanczyk there is first data which pertain to                  
          containers storing hazardous materials that are in-use, and                  
          separate second data which pertain to containers storing                     
          hazardous waste materials.                                                   
               For the foregoing reasons, the rejection of claim 21 as                 
          being anticipated by Stanczyk cannot be sustained.  Claims 22                
          and 38 each depend from claim 21 and thus include all features               

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