Appeal No. 2001-1791
Application No. 08/992,038
Wcpu is the percentage of utilization over time of the central processor of the
server (ally), Wmem is the percentage of utilization of the memory with respect to the total
capacity of the memory of the server, and Wnet is the percentage of utilization of the
network by the server.
Appellants do not allege error in the examiner’s view that the “power rating” may
be interpreted as the highest operational capacity of a device. However, appellants’
position (Brief at 11) is that the “total allowed” is not used by Sitbon to calculate the
load. Appellants argue that the “total allowed” is not used in any load calculations
because the “power rating” is eliminated by using the ratio of the “amount of utilization”
to the “total allowed.”
In our view, using the ratio of the “amount of utilization” to the “total allowed,” as
taught by Sitbon, is a computation “relative to a power rating” within the meaning of
instant claim 1. For example, the percentage of the memory capacity actually used in a
server with respect to the total memory capacity of the server provides a measure that
is relative to the server’s total memory capacity. The plain language of the claim does
not require that the “power rating” itself -- e.g., total memory capacity, expressed as a
number of bits, bytes, or words -- be used in calculating the load.
We note that appellants refer to the specification (Brief at 10) and allege that the
load calculation in the instant disclosure is based on both the percentage of utilization
and the power rating of a server. First, however, the allegation is not correct. The
quoted section of the specification refers to determining “credit,” rather than determining
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