Ex Parte Santos et al - Page 17

            Appeal 2007-1595                                                                                 
            Application 09/751,858                                                                           

        1   axis and, in a larger display, would provide the actual numbers.  Although Baum’s                
        2   Fig. 6 does not explicitly show the average, Baum clearly teaches the importance                 
        3   of the average and a person of ordinary skill would have been led to display the                 
        4   average given the importance ascribed by Baum.                                                   
        5       Finally, the independent claims require drilling down in responding to a request             
        6   for more specific analysis of an event by displaying information regarding that                  
        7   event.  Dix teaches drilling down to request more specific analysis of the chart                 
        8   portion selected (FF27).  Dix shows that the types of charts this might apply to                 
        9   include frequency distribution charts such as that shown as an embodiment of the                 
       10   claimed invention (FF26).                                                                        
       11       From Baum’s application toward labor analysis, one of ordinary skill would                   
       12   have been drawn to Jensen to find the actual data that ought to be collected, and                
       13   Jensen would have provided examples of the types of user interface and analysis                  
       14   that would be appropriate.  The combination of Jensen’s two dimensional charts of                
       15   accidents against frequency for a given time period and Baum’s teaching of time                  
       16   gap analysis would have led a person of ordinary skill to Dix for techniques to                  
       17   create Baum’s time gap analysis from Jensen’s two dimensional charts.  Thus, it                  
       18   would have been obvious to a person of ordinary skill in the art to have applied                 
       19   Jensen’s taught application of charting worker accidents to Baum’s date gap                      
       20   analysis and improving the analytical capability of the resulting chart with Dix’s               
       21   drill down facility.                                                                             
       22       Dependent claims 2, 13, and 18 further require that data be received on a daily              
       23   basis.  Certainly Baum’s collection of data regarding time between failures                      
       24   suggests at least daily data collection, if not hourly or continuous, to provide                 
       25   sufficient precision of the results.  In any event, collection of data at a frequency            

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