Appeal No. 2000-2253 Page 5
Application No. 08/798,137
satellite at a first carrier bandwidth in a first mode; [and] a second receiver path for
receiving communication signals from the satellite at a second carrier bandwidth in a
second mode. . . .” Giving the independent claims their broadest, reasonable
construction, the limitations require that a device receive communication signals from a
satellite at different carrier bandwidths in different modes.
“[H]aving ascertained exactly what subject matter is being claimed, the next
inquiry must be into whether such subject matter is novel.” In re Wilder, 429 F2d 447,
450, 166 USPQ 545, 548 (CCPA 1970). “A claim is anticipated only if each and every
element as set forth in the claim is found, either expressly or inherently described, in a
single prior art reference.” Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir. 1987) (citing Structural Rubber Prods. Co. v. Park
Rubber Co., 749 F.2d 707, 715, 223 USPQ 1264, 1270 (Fed. Cir. 1984); Connell v.
Sears, Roebuck & Co., 722 F.2d 1542, 1548, 220 USPQ 193, 198 (Fed. Cir. 1983);
Kalman v. Kimberly-Clark Corp., 713 F.2d760, 771, 218 USPQ 781, 789 (Fed. Cir.
1983)). "[A]bsence from the reference of any claimed element negates anticipation."
Kloster Speedsteel AB v. Crucible, Inc., 793 F.2d 1565, 1571, 230 USPQ 81, 84 (Fed.
Cir. 1986).
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