Ex Parte MARESCA et al - Page 5



          Appeal No. 1999-1543                                                        
          Application No. 08/456,762                                                  

          for by claim 1.”  However, we agree with the Examiner (answer at            
          page 6) that current at line 30 indeed is a signal representative           
          of acceleration (figure 2 of Ell) and that node 45 serves as a              
          combining network for the modified acceleration signal (the                 
          signal at 30 modified having gone through integrator 31 and                 
          network 33) and the measured position signal at line 39 (modified           
          having gone through element 42 in figure 3).  Both these signals            
          end up at combining node 45.                                                
               A prior art reference anticipates the subject of a claim               
          when the reference discloses every feature of the claimed                   
          invention, either explicitly or inherently, See Hazani v. Int'l             
          Trade Comm'n, 126 F.3d 1473, 1477, 44 USPQ2d 1358, 1361 (Fed.               
          Cir. 1997) and RCA Corp. v.  Applied Digital Data Sys., Inc., 730           
          F.2d 1440, 1444, 221 USPQ 385, 388 (Fed. Cir. 1984).                        
               In this case, Ell shows every element of claim 1 as required           
          by the anticipatory rejection as discussed above.  Therefore, we            
          sustain the anticipation rejection of claim 1 by Ell.                       
               Neal                                                                   











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