Appeal No. 1998-0578
Application 08/349,633
materials which are in-use do not and cannot include hazardous
materials that are regarded as waste.
The examiner erred in failing to recognize the difference
between hazardous materials which are in-use and hazardous
materials which are classified as waste. In the examiner’s
answer on page 4, the examiner discusses in-plant “raw
materials” (raw materials produced by the plant) and raw
materials coming into the plant. How that discussion relates
to the appellants’ claimed distinction between hazardous
materials that are “in-use” and hazardous waste materials is
not apparent. In the context of the claims on appeal, whether
a material is produced within the plant or received from
outside the plant does not seem relevant. What matters is
that there is first data representing containers storing
hazardous materials that are in-use and second data
representing containers storing hazardous materials that are
classified as waste.
The category of hazardous materials that are in-use is
not so broad as to encompass hazardous materials which are
regarded as waste. To the extent that the examiner has taken
that position, the examiner erred.
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