Ex parte INAGAKI - Page 4




          Appeal No. 1998-1225                                                        
          Application 08/542,884                                                      


          along with the examiner’s rationale in support of the                       
          rejections and arguments in rebuttal set forth in the                       
          examiner’s answer.                                                          
          It is our view, after consideration of the record before                    
          us, that the prior art relied upon does not support the                     
          rejection of any of claims 1-11.  Accordingly, we reverse.                  
          We consider first the rejection of claims 1-3 and 6-9 as                    
          being anticipated by the disclosure of Galvin.  These claims                
          stand or fall together as a single group [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 representative, independent claim 6, the                    


                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007