Appeal No. 2000-1961 Application 08/840,200 Claim 16 does not recite anything about the baseline data set "evolving" or changing over time, as argued. The term "time-based" in the phrase "time-based baseline data set," can mean many things and only broadly requires that the baseline data is somehow determined based on time, such as gathering baseline data over a period of time. It is improper to narrow the scope of the claim by implicitly reading in disclosed limitations from the specification which have no express basis in the claims. See In re Prater, 415 F.2d 1393, 1404, 162 USPQ 541, 550 (CCPA 1969); In re Priest, 582 F.2d 33, 37, 199 USPQ 11, 15 (CCPA 1978) (inferential limitations are not to be read into the claims); In re Self, 671 F.2d 1344, 1348, 213 USPQ 1, 5 (CCPA 1982) ("Many of appellant's arguments fail from the outset because . . . they are not based on limitations appearing in the claims."). Appellants have not explained why "time-based baseline data set" should be interpreted to require a continuously refined baseline data set. We note that appellants know how to claim such a meaning if it was intended, as evidenced by claims 19 and 20. Baseline data in claim 16 can be measured "on-line" as the system works at a first time and then operating characteristics can be measured "on-line" and compared to these fixed baseline data; claim 16 does not require the baseline data and the operating characteristics to be determined "on-line" at the same time. - 6 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007