Appeal No. 2001-0319
Application 09/005,841
Claims 23, 24, 27, and 34 (cathode with oxide coating)
"An anticipating reference must describe the patented
subject matter with sufficient clarity and detail to establish
that the subject matter existed and that its existence was
recognized by persons of ordinary skill in the field of the
invention." ATD Corp. v. Lydall Inc., 159 F.3d 534, 545,
48 USPQ2d 1325, 1328 (Fed. Cir. 1998). That is, "the [prior art]
reference must describe the applicant's claimed invention
sufficiently to have placed a person of ordinary skill in the
field of the invention in possession of it." In re Spada,
911 F.2d 705, 708, 15 USPQ2d 1655, 1657 (Fed. Cir. 1990).
"[An anticipating] reference must clearly and unequivocally
disclose the claimed compound or direct those skilled in the art
to the compound without any need for picking, choosing, or
combining various disclosures not directed to each other by the
teachings of the cited references." In re Arkley, 455 F.2d 586,
587, 172 USPQ 524, 526 (CCPA 1972).
With respect to claim 23, the examiner finds that Ahmad
discloses a capacitor having a cathode comprising a cathode
coating including an oxide selected from the group of cobalt and
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007