Ex Parte TURNER et al - Page 10




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

          done under the dynamic ("on-line") conditions (col. 4,                      
          lines 41-49).  We find this measurement of baseline running                 
          conditions 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' argument that "[n]othing in the            
          subsequently described steps of the Hale patent describe or                 
          suggest modifying the baseline, while the system is operating               
          on-line, to produce a new baseline from which subsequent                    
          comparisons of valve operation are to be made" (Br6) is not                 
          commensurate in scope with the claim because claim 16 says                  
          nothing about the baseline changing after it has been determined.           
          The rejection of claim 16 over Hale has not been shown to be in             
          error.  The rejection of claim 16 over Hale is sustained.                   
               Arcella teaches measuring baseline data by recording the               
          first ten actuations of a valve to determine average and standard           
          deviations for the signals from each of the sensors of each of              
          the valves (col. 7, lines 30-37).  We find this measurement of              
          baseline data 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' argument that Arcella has a                
          fixed baseline is not commensurate in scope with the claim                  
          because claim 16 says nothing about the baseline changing after             

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