Appeal 2007-1595
Application 09/751,858
1 claims 1, 7, 12, and 17 each require date gap analysis shown by Baum (FF17).
2 Claim 1 and 7 require the ability to make workload adjustments and claims 12 and
3 17 require the actual steps, contrasted with just the ability, of making workload
4 adjustments. The ability to make any adjustments satisfies the requirements for
5 claims 1 and 7, because in these claims workload adjustment is a field of use
6 limitation, and were one to desire to make adjustments concerning workload, the
7 capacity would exist as required in the claims. As to actually making such
8 adjustments in claims 12 and 17, this begs the question of what a workload
9 adjustment is. The Specification has provided an exemplary embodiment, but no
10 lexicographic definition (FF04). Absent a lexicographic definition, claim terms are
11 given their broadest reasonable interpretation to a person of ordinary skill, which
12 would be an adjustment bearing some relation to something that is characterized by
13 the load related to some form of work related to the data under analysis. However,
14 Baum describes a statistical adjustment related to the number of machines that
15 reasonably meets even the exemplary embodiment construction (FF19), and
16 readily meets the broadest reasonable interpretation standard. Both Jensen and Dix
17 show the independent claims’ control chart analysis (FF05 & 27).
18 Independent claim 1 and dependent claim 14 also require obtaining, formatting,
19 and storing data regarding nature, place, time and date for the analysis, which is
20 shown by Jensen (FF23).
21 The independent claims also require displaying the analysis. The display of the
22 control chart analysis of both Jensen and Dix show that display of analysis is
23 generally met, and the time gap analysis of Baum shows specific date gap analysis.
24 Although Baum’s chart does not show actual numbers along its X-axis, a person of
25 ordinary skill would see that the actual time gaps are the implied values along that
16
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Last modified: September 9, 2013