Appeal No. 95-4609
Application 08/263,903
the technique of taking actual measurements of failures over each
of the non-uniform length intervals [specification, page 4].
Downes teaches a method and apparatus for generally
monitoring and predicting errors in a communications network.
Chinnaswamy teaches a performance monitoring device in which
measurements taken over a minor interval are averaged over a
major interval. For example, Chinnaswamy teaches taking
measurements every five seconds and maintaining a running average
of these measurements over a two minute interval [column 8].
Chinnaswamy does not disclose using the five second measurements
to compute a moving average over a plurality of different major
intervals. Bell teaches an event monitoring system in which non-
uniform measurement intervals are considered. Bell actually
counts the number of events occurring during each of these non-
uniform intervals. Filkin is cited only for the teachings
related to the features of a neural network. The examiner’s
rejection basically relies on using a plurality of major
intervals from Chinnaswamy, as suggested by Bell, in the Downes
communications network. The examiner observes that this would
provide greater versatility to the Downes device.
The critical point in considering the examiner’s
rejection is appellants’ argument that even if the applied prior
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