Appeal No. 1997-3288
Application 08/529,303
is the point of withdrawal of the material from the tank.
Other "control points" can be arbitrarily defined in the
system because no use is claimed for the other control points;
even the "at least one of said control points" is only
impliedly recited to be the point where the chemical is issued
from inventory. The "operator" is the owner who authorizes
issuance of material from the tank. The portions of Sellers
relied on by the Examiner (abstract and col. 10, lines 41-51)
are not helpful.
With respect to the limitation of "sensing the use of the
chemical in the process at a plurality of use points," the
Examiner refers to the description of monitoring and compiling
data on emissions of hazardous materials as described at
column 9, lines 61-68, of Sellers. This has nothing to do
with sensing or measuring the use of the chemical in the
process. Emissions is a measure of disposal of the chemical.
Similarly, collection of emission data by "Sniffer" at page 6
of Shearman or "monitoring hazardous and toxic wastes in the
ground, air and water" by "ERMA" at page 7 of Shearman has
nothing to do with sensing the use of the chemical in the
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