Appeal No. 1999-2761
Application No. 08/790,322
fastening machines, nor could it detect when they were
malfunctioning, so that they could be shut down. Of
necessity, such monitoring and shutting down would have to be
done on a real time basis; note Speller’s disclosure at col.
8, line 28, that "a total log is kept with everything tracked
in real time." In addition, Speller discloses providing
historical data for subsequent use in analyzing operation of
the fastening machine(s), as claimed, in the above-quoted col.
8, lines 18 to 28.
Although Speller does not disclose the making of any
specific measurements on fastening machines 16, 18, claim 24
does not recite any specific measurements, and some such
"measurements and data" would necessarily have to be gathered
in order for Speller’s controller 1038 to perform its
disclosed functions, as discussed above.
We therefore conclude that claim 24 is anticipated by
Speller, and will sustain the rejection of that claim. The
rejection of claims 25 and 26 will also be sustained, since
appellants state on page 3 of the brief that claims 24 to 26
stand and fall together. 37 CFR § 1.192(c)(7).
Conclusion
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