Appeal 2007-1595
Application 09/751,858
1 FACTS PERTINENT TO THE ISSUES
2 The following facts, supported by a preponderance of evidence, are pertinent to
3 the issue at hand.
4 Specification and Claim Terms
5 01. A date gap is the number of days or more generally the amount of time
6 between an event and a previous event (Specification 7:17-21).
7 02. Date gap analysis is the analysis of events according to the time between
8 the event and the previous event relative to the average time between
9 events (Specification 7:21-23).
10 03. Control chart analysis is an analysis displayed in tabular or graphical
11 form (Specification 7:24-25).
12 04. The terms “workload” and “workload adjustment” are not
13 lexicographically defined in the Specification. One exemplary
14 embodiment of a workload adjustment is an adjustment that determines
15 whether workload was a factor in signaling of a special cause in
16 variation portrayed in the date gap analysis (Specification 11:2-8).
17 Jensen
18 05. Jensen shows several examples of analyses displayed in tabular or
19 graphical form, which are therefore control charts, and these tabular and
20 graphical displays show separating data based upon labeled criteria, in
21 Jensen, Figs. 5-8.
22 06. Jensen does not show any analysis of events according to the time
23 between the event and the previous event relative to the average time
24 between events.
6
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