Ex Parte Croce et al - Page 3



          Appeal No. 2006-0255                                                           
          Application No. 09/839,596                                                     

          Rather than repeat the arguments of appellants or the                          
          examiner, we make reference to the brief and the answer for the                
          respective details thereof.                                                    
          OPINION                                                                        
          We have carefully considered the subject matter on                             
          appeal, the rejections advanced by the examiner and the evidence               
          of anticipation and obviousness relied upon by the examiner as                 
          support for the rejections.  We have, likewise, reviewed and                   
          taken into consideration, in reaching our decision, the                        
          appellants’ arguments set forth in the brief along with the                    
          examiner’s rationale in support of the rejections and arguments                
          in rebuttal set forth in the examiner’s answer.                                
          It is our view, after consideration of the record before                       
          us, that the applied prior art supports the examiner’s rejections              
          of claims 5-18.  Accordingly, we affirm.                                       
          We consider first the rejection of claim 5 as anticipated                      
          by Huang.  Anticipation is established only when a single prior                
          art reference discloses, expressly or under the principles of                  
          inherency, each and every element of a claimed invention as well               
          as disclosing structure which is capable of performing the                     
          recited functional limitations.  RCA Corp. v. Applied Digital                  
          Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.               
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