Appeal No. 2003-0549 Page 10
Application No. 09/149,408
the document is not created in the processor for formatting by the printing interface
even though the computer system has a processor (2) or a memory capable of
receiving a copy." (Reply Br. at 3.)
a. Claim Construction
Claim 21 recites in pertinent part the following limitations: "receiving a copy of
said original electronic document." Giving the claim its broadest, reasonable
construction, the limitations require receiving a copy of an original electronic document.
b. Anticipation Determination
"[A]nticipation is a question of fact." Hyatt, 211 F.3d at 1371, 54 USPQ2d at
1667 (citing Bischoff v. Wethered, 76 U.S. (9 Wall.) 812, 814-15 (1869); In re Schreiber,
128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)). Furthermore,
"flexibility in the rule that 'anticipation' requires that every element of the claims appear
in a single reference accommodates situations where the common knowledge of
technologists is not recorded in the reference; that is, where technological facts are
known to those in the field of the invention. . . ." Continental Can Co. v. Monsanto Co.,
948 F.2d 1264, 1269, 20 USPQ2d 1746, 1749-50 (Fed. Cir. 1991).
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