Appeal No. 1999-2369
Application 08/674,911
Claims 1, 2, 7, 8, 10, 11, 24, 25, 30, 31 and 43 stand
rejected under 35 U.S.C. § 102(b) as being anticipated by
Passovoy.
Claims 3 through 6, 9, 26 through 29 and 44 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Passovoy.
Claims 13, 15, 33 and 35 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Passovoy and Fast.
Attention is directed to the appellant’s main, reply and
supplemental reply briefs (Paper Nos. 12, 16 and 18) and to
the examiner’s answer (Paper No. 13) for the respective
positions of the appellant and the examiner with regard to the
merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 102(b) rejection of claims 1, 2, 7, 8, 10,
11, 24, 25, 30, 31 and 43 as being anticipated by Passovoy
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984). In other words, there
must be no difference between the claimed invention and the
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