Ex parte BISHOP et al. - Page 6




          Appeal No. 96-1233                                                          
          Application 08/259,368                                                      


          another device and not a program means executing on the                     
          computer processor.  Claim 17, however, only requires that a                
          control program means executes on the computer processor.  It               
          does not require that the elements of the measuring means also              
          be located there.  Blasciak clearly has a control program                   
          means which executes on his computer processor.  Appellants                 
          also argue that Blasciak does not generate event signals as                 
          intended in their invention.  Blasciak clearly generates                    
          signals indicative of when an event to be  measured starts and              
          when the event ends.  Blasciak monitors these start-stop event              
          pairs for evaluation [note columns 15-16].  It is our view                  
          that the measurement of these start-stop pairs in Blasciak                  
          demonstrates that these start-stop pairs must be generated in               
          Blasciak within the meaning of the language broadly used in                 
          claim 17.  Appellants argue that Blasciak does not teach the                
          event filter means of claim 17.  Blasciak discloses, however,               
          that all occurrences of an event are stored as well as a                    
          subset of the events which meet a limiting condition [note                  
          Figure 14 and counters 22, 23 and 26].  The data stored in the              
          qualified counters of Blasciak represent a filtered subset of               
          data as recited in claim 17.  Appellants argue that the event               
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