Appeal No. 1999-2095
Application 08/475,624
arises from the failure of the APA to store information
pertaining to certain events such as jams in the machine.
Thus, absent an oral or written report by the operator of the
machine, that information is not available to service
personnel in a subsequent service session as discussed on page
15 of the main brief. The Tieden patent likewise is concerned
with the lack of a system for
recording or otherwise storing information pertaining to the
operation of a machine such that absent a written or oral
communication by the operator of the machine, the information
is not available to service personnel in a subsequent service
session. See, for example, column 1, lines 20-30 and lines
55-57 of the Tieden specification. Thus, the Tieden reference
is reasonably pertinent to the particular problem with which
appellants were involved, to satisfy the second part of the
test for analogous art in In re Clay, 966 F.2d 656, 658, 23
USPQ2d 1058, 1060 (Fed. Cir. 1992).
Appealed claim 7 is not limited to any particular
operational status of the conversion machine. Thus, the
monitoring step recited in this claim is broad enough to cover
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