Appeal No. 2000-1961
Application 08/840,200
method of the three cited patents employs a fixed baseline
reference derived off-line" (Br5). There is no basis in claim 16
for the argument about an evolving baseline. Appellants proposed
adding the term "evolving" to several of the claims, which
amendment was denied entry. Appellants argue that they "do not
consider the term 'evolving' to further limit Applicants' claims,
as is evidenced by the use of the term in Applicants'
specification and the consistent use of the term in explaining
Applicants' claims to the Examiner" (RBr1). To the extent
appellants consider claim 16 to capture the meaning of "evolving"
or "continuously modified," appellants are in error.
Based on this claim interpretation, the only limitation at
issue is whether the baseline data of the references are
determined "on-line."
Hill teaches that baseline data is determined from actual
sensor input during a baseline test, as shown in the acquisition
option 102 in figure 5. "Baselines are the results of previous
tests and analyses performed on that particular check valve
assembly 40 which were designated as baseline data. Baselines
represent results to which subsequent test results are compared."
(Col. 7, lines 53-56.) Baselines are stored as a result of
baseline tests (e.g., col. 7, line 58 to col. 8, line 36). This
implies that the baselines are measured while the check valve is
in operation, i.e., "on-line." Appellants do not explain why
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