Appeal No. 1997-3850 Page 3
Application No. 08/355,973
also relies on Birchler ‘582 since it is recited within
Birchler ‘590 and is considered to be incorporated therein by
reference.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
Based on the grouping of claims by appellants, at page 6
of the principal brief, claims 5, 6 and 10 will stand or fall
with claim 1 and claim 11 will stand or fall alone.
We reverse.
A rejection under 35 U.S.C. 102, based on anticipation, is
proper 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 Sys., Inc., 730
F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir.); cert.
dismissed, 468 U.S. 1228 (1984).
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007