Appeal No. 95-2600
Application 07/990,458
"Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention." RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984).
Appellant argues that "Suwa does not have 'a support frame'
and 'a goggle-shaped housing'" (Brief, page 12). Appellant
argues that "[s]ince the attachments 22A and 22B [corresponding
to the claimed optical blocks] are not contained within the
frame 20, but rather are attached to the frame 20, Suwa's
frame 20 is not the claimed goggle-shaped housing 'for containing
the left and right optical blocks'" (Brief, page 12). Appellant
argues that "Suwa does not teach an additional element, which is
a 'support frame' mounted to the housing" (Brief, page 12).
In Suwa, "reference numeral 20 depicts a front frame to
which main portions of the spectacle type retina direct display
apparatus are secured" (col. 3, lines 35-37). "When the space
adjusting dial 23 mounted on the frame 20 is rotated, racks 22C
and 22D meshed with a gear 23A of the dial 23 are moved right and
left, the space between the attachments 22A and 22B for eyeballs
being thereby adjusted." Col. 4, lines 15-19. The attachments
22A and 22B in Suwa, which correspond to the claimed left and
right optical blocks, are slidably mounted in the frame 20 to be
- 6 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007