Appeal No. 1999-0530 Page 5
Application No. 08/722,682
tanking operation is present from said trace".
However, it would have been obvious to one of
ordinary skill in the art to conclude that a "trace
of pressure" is present from said pressure
measurement. The motivation being that since a
pressure measurement is obtained, then a pressure
trace would have to be present or the pressure
measurement would have never even existed, and thus
a decision based upon said measurement will also be
based upon a pressure trace being present.
(Examiner's Answer at 4-5.) The appellants argue,
"[a]ppellant has reviewed Fujino but was unable to find any
suggestion as to how a pressure measurement is to be made
during a tanking operation, much less, how detecting a tanking
operation is to be inferred therefrom." (Appeal Br. at 7.)
Claims 1-4 specify in pertinent part the following
limitations: "measuring pressure with respect to said
receptacle to obtain a trace of pressure as a function of time
which is characteristic for a tanking operation ...."
Similarly, claims 5-9 specify in pertinent part the following
limitations: "measuring pressure with respect to said tank to
obtain a trace of pressure as a function of time ...."
Accordingly, claims 1-9 require measuring the pressure in a
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