Ex Parte JUTZI et al - Page 5




               Appeal No. 2006-1597                                                                                                
               Application No. 09/218,822                                                                                          

                       Further, our review of Appellants’ specification (e.g., page 7, line 7 through page 8, line                 
               7) finds an ample description of the operations of the claimed media manager which operates to                      
               manage address assignments as well as to export the necessary interfaces to configure the system                    
               to receive telemetry data.  This same portion of the specification also provides a disclosure of the                
               claimed capture machine manager, stream sender, and serve controller.                                               
                       In view of the above, since we find that the Examiner has not established a reasonable                      
               basis for challenging the sufficiency of the instant disclosure with respect to the appealed claims,                
               we will not sustain the rejection of claims 1-16 and 18-25 under the enabling clause of the first                   
               paragraph of 35 U.S.C. § 112.                                                                                       
                       We consider next the rejection of claims 1-16 and 18-25 under 35 U.S.C. § 102(e) as                         
               being anticipated by Riggins.  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. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L. Gore and Associates, Inc. v.                      
               Garlock, Inc., 721 F.2d 1540, 1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469 U.S.                      
               851 (1984).                                                                                                         
                       With respect to the appealed independent claims 1, 14, and 20, the Examiner attempts to                     
               read the various limitations on the disclosure of Riggins.  In particular, the Examiner directs                     



                                                                5                                                                  





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007