Ex Parte TURNER et al - Page 9




          Appeal No. 2000-1961                                                        
          Application 08/840,200                                                      

          this is not so.  Claim 16 does not preclude baseline data from              
          being measured "on-line" and stored for later comparison with               
          test data measured "on-line" at a later time.  We find this                 
          measurement of baseline data from the working check valve                   
          assembly meets the limitation of "determining, on-line, a time-             
          based baseline data set for said operating characteristic                   
          representative of a normal sequence of on-line operations of said           
          control mechanism."  Appellants' arguments that "[t]he baseline             
          [in Hill] is not changed during the on-line operation of the                
          valve" (Br5) and "[n]o provision is illustrated or described in             
          the Hill disclosure for modifying the value of the baseline                 
          parameters loaded into the CPU RAM" (Br6) are not commensurate in           
          scope with the claim because claim 16 says nothing about the                
          baseline changing after it has been determined.  Thus, we find              
          that the rejection of claim 16 over Hill has not been shown to be           
          in error.  The rejection of claim 16 over Hill is sustained.                
               Hale teaches establishing baseline running conditions,                 
          baseline running conditions being defined as near to normal,                
          non-degraded running conditions as possible for the valve                   
          (claim 1).  The baseline condition is to be similar to the normal           
          conditions at which the motor operated valve (MOV) operates                 
          during valve-in-use trending (col. 4, lines 38-40).  This                   
          indicates that if valve-in-use trending values are taken under              
          dynamic ("on-line") conditions, baseline measurements are also              

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