Appeal No. 95-1544
Application 08/003,602
executing said special section of code on said
operating system with the retrieved memory reference available in
said assigned storage.
The examiner relies on the following reference:
Yamaguchi et al. (Yamaguchi) 5,003,458 Mar. 26, 1991
(filed Oct. 23, 1987)
Claims 10 through 20 stand rejected under 35 U.S.C.
102(e) as anticipated by Yamaguchi.
Reference is made to the briefs and answer for the
respective positions of appellant and the examiner.
OPINION
At the outset, we note that this Board entered a
decision in the parent application Serial No. 07/424,184 but the
instant claims have been substantially amended vis á vis the
claims which were the subject matter of the earlier appeal and
the prior art reference here is different from the prior art
reference relied on in the earlier appeal.
Anticipation, under 35 U.S.C. 102, requires that each
element, or step, of the claim in issue be found, either
expressly described or under principles of inherency, in a single
prior art reference. Kalman v. Kimberly-Clark Corp., 713 F.2d
760, 771, 218 USPQ 781, 789 (Fed. Cir. 1983).
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