Appeal No. 1997-3288
Application 08/529,303
to column 10, lines 52-68, and column 11, lines 1-15 of
Sellers. Monitoring and compiling data on emissions of
hazardous materials as described at column 9, lines 61-68, of
Sellers teaches "sensing disposal of the chemical" and it is
plain that measurement must take place at "a plurality of
disposal points." In our opinion, monitoring and compiling
data on emissions in Sellers and the collection of emission
data in Shearman would reasonably have suggested to one of
ordinary skill in the art of tracking hazardous chemicals that
the amount of the emissions should be measured. That is, it
does no good to measure that there is a hazardous emission
without measuring how much is being produced.
As previously discussed, we find that Sellers reasonably
implies a step of subtracting the sensed amount of material
removed from the tank from the tank inventory. However, this
is in response to only the single "use point" at the tank
exit. Sellers does not disclose or suggest "a plurality of
use points" for a single chemical; this is a first difference.
Furthermore, while Sellers may reasonably have suggested
measuring the disposal of the chemical at a plurality of
disposal points, it does not suggest that the amount sensed
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