Ex parte SCHOMER - Page 8




          Appeal No. 1997-3288                                                        
          Application 08/529,303                                                      

          should be subtracted from the amount in inventory in a method               
          of tracking chemical usage.  In fact, since the amount of                   
          material removed from the tank will be either used or disposed              
          of, the amount sensed at the disposal points would not be                   
          subtracted; this is a second difference.  The Examiner does                 
          not address these differences and, thus, has failed to                      
          establish a prima facie case of obviousness.  The rejection of              
          claims 2 and 3 is reversed.                                                 
                                      REVERSED                                        







                         STANLEY M. URYNOWICZ, JR.     )                              
                         Administrative      Patent Judge   )                         
                                                       )                              
                                                       )                              
                                                       )                              
                                                       )  BOARD OF PATENT             
                         KENNETH W. HAIRSTON           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )   INTERFERENCES              
                                                       )                              
                                                       )                              
                                                       )                              
                         LEE E. BARRETT                     )                         
                         Administrative Patent Judge   )                              


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