Appeal No. 95-4609
Application 08/263,903
note that computing the average of the non-performances over
multiple uniform intervals is not the same as counting the non-
performances over the multiple uniform intervals.
It should first be observed that the portion of
Chinnaswamy relied on does not deal with counting the number of
non-performances at all. Chinnaswamy teaches computing the
average value of a measured parameter over a longer interval.
Thus, actual measurements must be made over every minor interval
and a moving average of the measurement computed for each major
interval. If this technique were applied to counting the number
of non-performances rather than measuring parameter values, it
would suggest counting the number of non-performances over each
major interval as opposed to using a single count to determine
the number of non-performances over all the non-uniform
intervals. Although the determining step of claim 1 is subject
to broad interpretation, we agree with appellants that none of
the applied prior art references teaches the thrust of
appellants’ invention which is to use a single number from a
uniform interval to compute a plurality of average numbers over a
plurality of non-uniform intervals.
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