Appeal No. 1999-0216
Application No. 08/526,197
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 & Assocs. 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 claims 1 and 7, the Examiner
attempts to read the various limitations on the disclosure of
Axmear. In particular, in addressing the minimized baseline
feature of independent claims 1 and 7, the Examiner (Answer,
page 4) points to the description at column 2, lines 3-16 of
Axmear.
After reviewing the disclosure of Axmear in light of the
arguments of record, we are in agreement with Appellants’
position as stated in the Answer. We find no basis on the
record for the Examiner’s interpretation of Axmear as
expressed in the Answer. The Examiner asserts that Axmear
discloses the claimed minimized baseline feature by referring
to Axmear’s suggestion that servo signals are kept from
“riding on a base line . . . ” (Axmear, column 2, line 8). In
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