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.
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