Appeal No. 96-1233
Application 08/259,368
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 Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984);
W.L. Gore and Assocs. v. Garlock, Inc., 721 F.2d 1540, 1554,
220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S. 851
(1984).
The examiner purports to read the invention of claims
17-23 on the disclosure of Blasciak [answer, pages 4-7]. With
respect to independent claim 17, appellants primarily argue
that Blasciak does not disclose the control program means and
the event signal filter means as recited in claim 17.
Specifically, appellants argue that the portions of Blasciak
that the examiner points to as meeting these limitations do
not in fact meet the recitations of claim 17. We find
ourselves in agreement with the examiner with respect to claim
17.
Appellants’ arguments are not commensurate in scope
with the invention of claim 17. Appellants argue that
Blasciak provides a monitoring system that is contained in
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