Ex Parte Suzuki et al - Page 2

                Appeal  2007-2682                                                                            
                Application 10/326,410                                                                       
                                      Reference Relied on by the Examiner                                    
                Sarangapani              U.S. Patent 6,442,511           Aug. 27, 2002                       
                                         The Rejections on Appeal                                            
                      The Examiner rejected claims 24, 26 and 34-38 under 35 U.S.C.                          
                § 102(e) as anticipated by Sarangapani.                                                      
                B.    Issue                                                                                  
                      Have the Applicants shown error in the rejection of claims 24, 26, and                 
                34-38 as anticipated by Sarangapani under 35 U.S.C. § 102(e)?                                
                C.    Summary of the Decision                                                                
                      The Applicants have shown error in the anticipation rejection of all of                
                claims 24, 26, and 34-38.                                                                    
                D     Findings of Fact (Referenced as FF. ¶ No.)                                             
                      1.    The invention is directed to a machine life indicator method                     
                which monitors the effect of operating conditions on a component of a                        
                machine.  (Specification 3:9-10).                                                            
                      2.    Of all the claims on appeal, the only independent claims are                     
                claims 24 and 34.  They are reproduced below:                                                
                            24. A method of monitoring the effect of operating                               
                      conditions on a component of a machine, the method                                     
                      comprising:                                                                            
                            sensing at least one property associated with the                                
                      machine;                                                                               
                            maintaining a data structure in a memory element that                            
                      determines a damage factor indicative of an instantaneous stress                       
                      applied to the component based at least in part on the at least                        
                      one property; and                                                                      
                            processing the data structure to determine the damage                            
                      factor based on the at least one property;                                             
                            displaying the damage factor in a cab of the machine; and                        

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