Appeal No. 1999-1498
Application 08/547,604
The claims on appeal are drawn to a frame for holding a
disk drive, and are reproduced in the appendix of appellants’
brief.
The references applied in the final rejection are:
Good et al. 5,571,256 Nov. 5, 1996
(Good)
Deneke 489,592 Jan. 18, 1930 2
(German Patent)
The appealed claims stand finally rejected on the
following grounds:
(1) Claims 22, 28 and 29, anticipated by Deneke, under 35
U.S.C. § 102(b);
(2) Claims 24, 30 and 31, unpatentable over Deneke in view of
Good, under 35 U.S.C. § 103.
Considering first rejection (1) with regard to claim 22,
it is well settled that “[t]o anticipate a claim, a prior art
reference must disclose every limitation of the claimed
invention, either explicitly or inherently.” In re Schreiber,
128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997).
Appellants argue that (brief, page 5):
2 In evaluating this reference, we have relied on the translation filed by
appellants on November 12, 1996. Any references herein to Deneke by page and line are
to page and line of the translation.
2
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