Ex parte SUMAN et al. - Page 4




          Appeal No. 96-1462                                                          
          Application 08/025,189                                                      


          invention as recited in claims 1-3, 10, 17-20 and 22.  We are               
          also of the view that the collective evidence relied upon and the           
          level of skill in the particular art would not have suggested to            
          one of ordinary skill in the art the obviousness of the invention           
          as set forth in claims 1-47.  Accordingly, we reverse.                      
          We consider first the rejection of claims 1-3, 10, 17-20                    
          and 22 as anticipated by the disclosure of Mercedes-Benz.  All of           
          these claims except claim 22 stand or fall together [brief, page            
          5].  Anticipation is established only when a single prior art               
          reference discloses, expressly or under the principles of                   
          inherency, each and every element of a claimed invention as well            
          as disclosing structure which is capable of performing the                  
          recited functional limitations.  RCA Corp. v. Applied Digital               
          Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.            
          Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and                 
          Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ            
          303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).               
          With respect to independent claim 1, appellants argue                       
          that (1) the examiner has improperly treated the LCD device 19 of           
          Mercedes-Benz as both a projector as well as a cover, (2) the               
          examiner has not given the claimed projector the appropriate                
          meaning as set forth in this application, (3) Mercedes-Benz does            

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